Liability Of Injury Caused By People Without Capacity For Civil Liability

The Article 133 of General Principles of The Civil Law of The People's Republic of Chain include Contents that who should undertake the responsibility when the damages made by the people have no capacity for civil conduct. But it is self-contradictory, because it isn't distinction the responsibility into the guardianship. Investigate its reason, the tradition theories that people without capacity for civil conduct also have no capacity for civil liability are not reasonable, among them there are irreconcilable contradictions.This text analyze the question whether the no capacity for civil conduct people have responsibility ability, and try to put forward question to the tradition theories. Then point out the problem among them. Announce to public the reasons to these problems are because some scholar confuse the responsibility between the guardian's and the people's who under guardianship, and confuse the concept between civil liability and capacity for civil conduct, also confuse the Criminal and civil responsibility in the matter of legislative. This text concluded that everyone have capacity for civil liability, just as the capacity for civil rights. A people without capacity for civil conduct, he also has capacity for civil liability, but it does not mean that as long as the civil No capacity cause damages, he should bear the responsibility. People without civil capacity because of lack of capacity means the ability and capacity identify the ability; he can't bear the responsibility for mistakes. Only in the case that the law allowed that the fault does not constitute elements for civil liability, he can't bear the responsibility. In general, only when the guardian is at fault, he should bear the responsibility for the damage cause by people without civil capacity. The law predicts that guardian is at fault, only he can proof that he has no fault, and then he don't need a responsibility. In addition, when the people without capacity for civil liability should take responsibility, but he has no property or assets sufficient to take full responsibility, the guardian should advance human responsibility. And then he has a right to recover.