Comment On Tort Civil Liability Of Person Under Guardianship

The Article 133 of General Principles of The Civil Law of The People's Republic of China and the Article 32 of Tort Law of The People's Republic of China include Contents that who should undertake the responsibility when the damages made by person under guardianship. These laws are quite similar. They are self-contradictory, because they are not distinction the responsibility into the guardianship.These laws have their defects in legislative design. This text analyze the question whether person under guardianship have responsibility, and try to put forward question to the tradition theories. Then it points out the problem among them. This text concluded that everyone have capacity for civil liability, just as the capacity for civil rights. People without civil capacity because of lack of capacity means the ability and capacity identify the ability; he can't bear the responsibility for mistakes. When the person with limited capacity for civil conduct is at fault, he should bear the responsibility for the damage caused by him. When the guardian is at fault, he should bear the responsibility for the damage caused by person under guardianship. When the guardian is no fault, person under guardianship should bear the equitable responsibility. When person under guardianship should take responsibility, but he has no property or asserts sufficient to take full responsibility, the guardian should advance human responsibility. And then he has a right to recover.