Research On Civil Liability Of Damages Caused By Person Under Guardianship

Starting from questioning the Article 133 of General Principles of The Civil Lawof The People's Republic of China, this thesis aims to do research on system of civilliability of damages causing by person under guardianship. Typical cases, relevantlaws, regulations and judicial interpretations are collected in the paper. Methods ofcomparison, expounding, case analyzing, induction and deduction are used to discusssystem of civil liability of damages causing by person under guardianship in the angleof explanation of the standing law. The theory can be used to guide the practice, andduring the practice, the theory can be proved right or wrong, and to be consummated.The purpose of the thesis is also to make clear the connection of legal concepts, legalrelations as well as law and regulations through the methods introduced above and tofacilitate the application of law or guide the judicial practice by putting forwardappropriate suggestions on legislation.The discussion of relationship between capacity for civil liability and capacityfor civil conduct lays a theoretical foundation of principles of liability attribution.Capacity for civil liability and capacity for civil conduct are not only closelyconnected, but also independent and different from each other in enacting purpose,judgment standard and effectiveness and functions.For principles of liability attribution, according to the law, no matter whether theguardian has faults subjectively or not, he or she must take on the civil liability fordamages causing by people under guardianship. Accordingly, the principles of theguardian taking on civil liability can be regarded as non-fault liability attributionprinciples. If the guardian can prove that he or she has no faults subjectively, his orher civil liability can be reduced appropriately, which is a judgment by the law afterthe balance of benefits of all parties and the society.For taking on the civil liability of damages causing by person underguardianship, non-unit guardian bears substitutable and/or supplementary liability,while unit guardian takes on appropriately complementary liability within itscapability of compensation. The person who shall bear civil liability of damagescausing by person under guardianship is determined by the property of the personunder guardianship as the follows: If person under guardianship without propertycauses damages to others, his or her guardian shall bear the civil liability;If personunder guardianship with property causes damages to others, the expenses ofcompensation shall be paid from his or her property;If the person has not enoughproperty to compensate, shortfalls in such expenses shall be appropriatelycompensated for by the non-unit guardian;Unit guardian takes on appropriatelycomplementary liability within its capability of compensation;If the guardian canprove that he or she has fulfilled the guardianship responsibility, that is, has no faultssubjectively, his or her civil liability can be reduced appropriately.