The Civil Liability Undertaking Of The Minor's Tort

Since the minor are not yet mature, their ability of foreseeing and controlling risk are lower than that of adult. So in traditional law theory of almost every country, they are treated as a peculiar group when they commit act of tort , either not undertaking liability, or even they are asked to be liable for their tortious act, meanwhile others should undertake certain liability. In the view of this thesis, although the minor should be given some preferential treatments as a peculiar group, the self liability and fault liability are the foundational principle of the modern tort law, they should be insisted in order to prevent law adding other people to the liability subject arbitrarily. Therefore, on the question of minor's tort liability, we should consider the minor's self fault liability first. Only when the minor's liability alone couldn't compensate the victim's damages, and with sufficient reasons on the liability constitution, we should add other people to this question. Since the particularity of the minor's tort liability mainly embodies in the complexity of the liability subject, this thesis also develops its discussion around this question.All the thesis can be divided into four sections except the introduction and the conclusion.In the introduction, the author analyses the particularity of the minor's tort liability undertaking compared to the general tort liability, and takes this as starting point, explains the whole thought thread of this thesis.Part One: The author discusses the minor's self liability, and thinks that minor's undertaking self liability has sufficient reasons. Then discusses the criteria of the minor's fault. Meanwhile, the author also discusses the relevant provisions of our country.Part Two: The author discusses one of the other liability subject——the guardian's fault liability.Part Three: The author analyses the stiffness of the self liability, then discusses the complementary rule——equitable liability and its application.Part Four: Since the minor are not always guarded by the guardian, so in this section, the author discusses the fault liability of those who have the duty to supervise the minor .In the conclusion, the author points out the insistence of the self liability and fault liability in resolving this question, and the benefit balance keeping among all the subject.