Research On Guardian's Tort Liability

Whether injuries inflicted upon others by a person of no civil disposition capacity or a person with qualified civil capacity constitute infringement and how to bear the responsibilities and distribute damages among feasor, guardian and sufferer is the essential question which the guardian's tort liability system must resolve. Nowadays the research of the theoretical circle on this question is still not enough deep and systematic, so to clearly demonstrate this question is of great importance in both theory and judicial practices. On the basis of this, this dissertation expands demonstration with the axle center of burden of responsibility and distribution of damages. Logically starting with the concept and characteristics of guardian's tort liability and the historical development of guardian's tort liability, by explaining and analyzing such questions as the judging standard of civil liability capacity, determination of faults and the relationship between liability capacity and faults, the dissertation expounds the premise for the feasor's bear of tort liability, the decisive constitutive requirements of tort liability and the distributive function of justice principle on unfortunate damages in the guardian's tort liability to finally disclose the jurisprudential foundation of guardian's tort liability. And basing on this, the author puts forward the legislative suggestions to perfect the guardian's tort liability system of our country, and expects to provide some valuable references for the confirmation of the legal system which balances the interests of such three parties involved as feasor, guardian and sufferer and the rational construction of guardian's tort liability system.