Study About The Entrusted Guardian's Civil Liability On Minor's Tort

Coming with the rapid economic development is the changing of the social life. A large number of rural surplus labor rush into cities. Most of the parents that came to the cities chose to entrust their minor children to others. AT the same time, parents in cities also do similarly. These natural person and legal person who take guardianship at some extent form a legal relationship of entrusted guardianship with minor children's guardian.Minors are important civil subject for the society and they form a large number of social relations. Among them, minor's torts on others are very common. Yet, legislations and theoretical study on this topic are far from adequate. This article aims to take a study on the entrusted guardian's civil liability on minor's tort.There are four chapters in the article.Chapter I is about the basic theoretical issues on minor's entrusted guardianship. Beginning with the legal characteristic of the minor's entrusted guardians, I consider entrusted guardianship is in fact trust contract legal relationship. These contracts can be achieved by expression or by tacit declaration.Chapter II mainly analyzes the civil liability caused by the entrusted guardian's breach of a contract. In this chapter, duty of supervision, as the basic content of entrusted guardianship contracts, is regarded as a very important problem. In this chapter, the principles and factors for judging the omission about the duty of supervision are fully discussed.Chapter III is about the tort liability of the entrusted guardianship for the minor's illegal act. The elements for the tort liability of the entrusted guardianship are fully discussed in this chapter. Besides, the distribution of the damage compensation is analyzed.Chapter IV is the legislative suggestions for the entrusted guardian's civil liability on minor's tort. In my opinion, articles on negative requirement for entrusted guardians should be added to legislation. Also are the recognition of private schools and kindergartens as entrusted guardian, and the distribution of the damage compensation.