Research On Several Issues Of Tort Liability Of The Minors

The minors as a special kind of life in our society , are divided by civil capacity, beyond the capabilities and limitations of the capacity in two stages. They are not yet fully developed to participate in social life with all the limitations, so they should receive more attention and protection. This paper mainly on the minor's tort liability study, with the comparison of the legislation , and reference to scholars theoretical view points, the author intends to improve civil legislation.The article is divided into four parts :The first part is about the proposition of the establishment of minors'tort liability and the study of legislative cases .In this part, the author is to prove the responsibility establishment reason and its existence rationality. The civil law emphasizes justice and seeks the balance of benefit. When the loss occurred, it should be an effort to make up for losses and restore a balance of interests. Minors due to the lack of capacity, it should be held accountable for the damage caused to others of his civil liability. The introduction of legislation in China and other countries is the support of the establishment of minors'tort liability.The second part of this article will focus on the minor tort liability responsibility attribution principles. Based on the study of responsibility attribution principles , we conclude that we should adopt liability without fault. Our existing legislations adopt liability with fault and liability without fault . Therefore responsibility attribution principles of the minors should be liability without fault which is the relative non-mistake responsibility or reduces. Adopt this principle is not only advantageous to protect the victim's lawful right and make up the loss, also can urge guardians to fulfill their duty and prevent the occurrence of the harm. In the third part , the author introduces the connotation of the capacity for civil liability of the minors. The capacity for civil liability is the foundation for minors to undertake responsibilities. There are several competing doctrines about the connotation. The extensive version of the capacity for the civil conduct, which is a traditional doctrine, has discarded as the time passed. The main points now focus on the conflict of the capacity for the illegitimacy conduct and the capacity for torts, the distinctions of which are whether include the liability of the contract, the unjust enrichment, the voluntary service, besides the capacity for torts. The author approves the illegitimacy conduct. (1) standards of birth; (2) standards of capacity for civil conduct; (3) standards of discernment. The article argues the unreasonable logic of the dualistic standard, the wealth and conduct ability standard, and provide some suggestions to the draft of the civil code in our country.The last part of the article analyses the body of compensation for a loss. The defect of guardianship system causes lots of chaos in the determination who is the body of compensation. The article argues that the minors are the body of compensation for a loss and the guardians only undertake the supplement responsibility. We should increase legal articles about guardians'right to recover loss.