Research On The System Of Minor's Infringement Liability In China

This paper regards minor's infringement liability as discussion and research object, begins with minor's capacity of infringement liability, analyzes imputation principle and liability forms of minor's infringement liability, and by comparative inspection into legislation enactment in many countries and evaluation and analysis of Chinese current legislation, puts out the status quo and deficiencies of Chinese current legislation and further proposes that we should refer to advanced legislation experience to improve Chinese legislation on minor's infringement liability, so as to realize the balance of interests between minors, guardians thereof, and victims. In the process of illustration, this paper adopts research means of comparison and literature analysis.This paper is composed by Introduction, body and Conclusion.Introduction part introduces the reasons for the topic and research thoughts of this paper.Body part is composed of four parts:The first part mainly illustrates minor's infringement liability. Firstly, this part summarizes the concept of minor's infringement liability and legislation enactment of major countries. Then this part introduces relevant opinions of Chinese scholars on the concept of minor's infringement liability and judgment criterion thereon. Thirdly, this part researches the system of minor's infringement liability in china from the perspective of relevant provisions on Chinese civil law.The second part illustrates imputation principle of minor's infringement liability. Firstly, this part summarizes imputation principle of minor's infringement liability and enumerates modern legislation enactment of many countries, and then cards mainstream theories on imputation principle of minor's infringement liability in china and analyzes relevant provisions of Chinese legislation thereon.The third part researches liability forms of minor's infringement liability. This part illustrates liability forms of guardians and their wards and evaluates and analyzes various opinions of Chinese scholars on liability forms.The fourth part analyzes legislation deficiencies minor's infringement liability in China and the improvement. This part focuses on analysis of legal provisions in China on accountability of damages by minors, sorts out thought, explores legislation will behind statutes and in combination of theory analysis of this paper and inspection into foreign legislation enactment, proposes some improvement suggestion for minor's infringement capacity, imputation principle and liability forms.Conclusion part constitutes the conclusion illustrated and opinions'extraction.