Minors＇Responsibilities Of Their Infringement

With the minors extentivly involving in social life, the type, scope and degree of damages increase, amplification and aggravation. therefore, how to determine the rules of liability caused by minors? How to confirm minor accountability of infringement? As the paper is to solve the problems, the legal logic of "right - obligation - responsibility" is the core and clues to resolve the problems, and the accountability becomes the ultimate result of this issue.The first part, the body constituent elements of the minor is the starting point, analyzing minors infringement qualifications of their own responsibility - civil liability. Firstly, by researching the root causes of the civil liability, we know that the system value of civil liability is based on the offender to achieve the protection of minors which do not have capacity for civil liability. Secondly, by comparing the legislation countries on the various criteria of a minor civil liability, transfering the presumption of system, establishing the criteria of legal norms on minors civil liability. Minors under 10 (including 10 years old) are not the absolutely civil liability stage age; 10-16 years of age is presumed to no-fault capacity, if the other party claims a minor with fault capacity, who will burden the proof; minors over the age of 16, he is presumed with fault capacity, if the minor claims no fault of her own ability, then who will burden the proof.The second part, the constituent elements of a minor infringement - fault. Under the principles of fault responsibility system, a minor with civil liability caused damage to others, the standard of care to judge the fault should be applied and determined by the age, intelligence and experience, but the general rule have exceptions, when a minor engaging in dangerous behavior, the same duty of adults care standards should be applied.The third part, to analye the related liability- parental responsibility. First, to make sure the two constituent elements of parental responsibility: the minors violations and parental fault. the behavior of minors as a constituent element is conditional, that is, even if adults do not bear civil liability for loss, the miorns are out of under the same case. while the violation of education obligations should be included in the parental fault; Second, to confirm the relation between the liability of minors infringement and parental responsibility: not a real joint and several liability and equity responsibilities. In the cases, when the minors and their parents for the minors violations have the fault, minors and parents will bear not real joint responsibility, and when minors and their parents for minor violations do not have fault, minors, their parents must take fair responsibility for the victims. the effect of the article is to discuss the necessity of minors responsibility, the justic of the parental responsibility and prevent the arbitrary disposal of law.