Study On The Capacity For Civil Liability

The Capacity for civil liability, as an important concept, relates not only to the theories and systems of the civil law, but also to the identifications of the subjects and the allocations of liability. However, the scope to the identifications of the study on this issue is not deep enough. Yet, there are several competing doctrines about the basic problems, such as the connotation of the capacity, the status in the civil law system ,the relationship with the capacity of civil conduct, the criteria of the capacity.Based on the theory status quo, this article started with the theoretical analysis on the traditional theory of capacity for civil liability, pointed out defects of the related capacity of civil liability one by one. On that basis, the author tried to re-build the capacity of civil liability theory in order to improve legislation of capacity for civil liability in our country. This article is divided into three parts for discussion.The first part, the author details about the major doctrines of the capacity of civil liability. With serious and detailed analysis, the author pointed out that each of these theoretical shortcomings. I believe that civil liability should be defined as: "refers to the legal qualifications of the capacity of civil liability for violations of its main obligations of the agreement or civil liability." In the definition of responsibility, I also discussed the nature, and believed that the capacity of civil liability should be an attribution capability in nature, be able to act on their commitment for the wrongful acts of eligibility.The second part, the author analyzed the judging criteria for the capacity of civil liability. In the current academic point of view, the capacity of civil liability judgments should be divided into two categories: birth criteria based on France law; the other is the identifying criteria represented by Germany law. On the basis of the analysis in the two and their respective codes under the influence of other relevant provisions of national laws, the author believe that the countries are free to explore in a civil or limit the capacity of people to assume responsibility of the infringement problem, and do not carry out the responsibility system of the capacity of civil liability. All the so-called civil liability standards are the responsibility of infringement of that standard.The third part, the author analyzed the relevant provisions of China's laws and believed that China's civil law is lack of systematic argues about capacity for civil liability but just for the pursuit of operational simplicity, which caused chaos theory and practice is not conducive to justice. Based on the first two parts of a comprehensive discussion, the author to re-build the theory of capacity for civil liability and believed that each civil subjects do have capacity for civil liability, and those who have capacity for civil liability can bear civil liability, those who have not capacity for civil liability can't. Based on this understanding, the author put forward his recommendations for improving capacity for civil liability: the law should clearly provides that each civil subjects do have capacity for civil liability; in the torts area, a guardian and under- guardian 'liability should be judged according to whether or not take fault as an judging elements, and the guardian should bear joint liability with his under-guardian.