Civil Liability Of Guardian

Currently, there are around 400,000,000 minors and 160,000,000 mentally ill persons in China. Lacking of recognition capacity, these people are special danger to others. Compensation will occur when they actually hurt others. Because these people lack capacity or are unable to account for their own conduct, compensation will be a complex problem. It is not well stipulated in our current law and regulations. The author will try to probe into this subject. Firstly, the thesis explores both the current situation and existed problems of civil liability in China, analyzes the legislation of developed countries and areas, and compares those two. On the basis of this, the thesis demonstrates the characters of guardian'civil liability, duty person, doctrine of liability fixation etc, and then draws a conclusion on the experience of civil law draft, that is, minors under 14 years old is not a duty person at any time and his guardian shall hold responsibility, minors at or above 14 years old is a duty person, his guardian shall hold justice liability until meet lawful conditions, non-fault liability shall be applied to the guardian, compensation fund shall be put up, civil liability insurance shall be run etc.