On The Civil Liability Of Guardians Of Minors

This thesis aims to study the civil liability of the guardians of minors. The responsibility of the guardians of minors is that the guardians should be responsible for the harms caused by the minors themselves. In theory, civil liability of the guardian of a minor is also known as without legal capacity and limit capacity for civil conduct Damage Liability, Tort Liability and the legal representative of the ward Liability. Regarding the civil liability of the guardian of the minor types and Tort patterns as clues, according to the related provisions of countries of all over the world and Taiwan regions of China, combined with the specific rules in the "General Principles of Civil Law the People's Republic of China" Article 133 of the "Tort Liability Law People's Republic of China" (July 1, 2010 implementation) Article 32, making sure the responsibility of the civil liability of the guardians of minors is based on the nature of self liability, using the principle of presumption of fault liability, concluding that the civil liability forms of the guardians of minors is divided into four forms, namely: minors are responsible for the tort liability solely, guardians are responsible for the tort liability solely, guardians are responsible for the added tort liability, guardians and minors share the tort liability fairly. In the actual trial, these two kinds of liability form, the sole tort liability of minors and their fair share, are seldom seen. After making sure the Doctrine of Liability Fixation and the liability forms, the main problem of the present judicial practice is how to set out the Proceeding Position of the guardians of minors. the existing legislation of the Proceeding Position of the guardians of minors is vague, ignores the connections between the procedure method and the entity method, provision is lagging behind, which leads the great controversy in the proceeding position of the guardians of minors. It raised questions to grass-roots people's courts on how to file the party and proceed with the hearing. Therefore, it's urgent to improve the procedure method of the Proceeding Position of the guardians of minors. Improving the related procedure method on the proceeding position of the guardians of minors will not only help to enhance the level of China's legislative body but also help to deepen the cognition and the level of understanding in the theoretical fields and the masses. More importantly, it will help to guide the grass-roots people's courts deal with minor cases of trial practice. So completing the accountability system of guardians of minors in a specific case , can safeguard the rights and interests of all parties in the cases of causing damage to minors, especially the injured party's legal rights, but also save the court limited judicial resources, reduce legal costs, reduce repeated litigation which lays the good foundation for closing the case when the case goes into execution.Specifically, the thesis is divided into five parts to discuss the civil liability of guardians of minors.The first part is the introduction. The issues sources, current research, study methods, logic clues and structural arrangements, etc are analyzed comprehensively.The second part is the civil liability of guardians of minors'overview. A brief overview on the concept, nature, components and so on is given.The third part is doctrine of liability fixation of civil liability of guardians of minors. Guardian of the minor types of Civil Liability for the clues, Germany, France, Italy, Japan, Netherlands, Taiwan, China and other countries as well as guardians for minor civil liability of the comparative analysis, combined with the "General Principles of the Civil Law of the People's Republic of China" Article 133 and "Tort Liability Law People's Republic of China" the relevant provisions of article 32 of the introduction of our guardians of minors should be civil liability presumption of fault liability. The principle of presumption of liability for fault divided into the following process: First, the victim of proof required to prove violations, damage to the facts and causal relations; Second, according to the relevant provisions of the law or the needs of the case by the judges based on causality , the presumed guardian of the occurrence of the facts did not do damage to the regulatory obligations; Third, the guardian of the contrary is proved, the subject of a reasonable defense to prove its oversight duties done, or even try to supervisory duties, can not help the fact that the injury occurred, or not adult guardians should take responsibility for damage to victims.The fourth part is about the civil liability forms of guardians of minors. Through the comparative analysis of German, French, Italian, Japanese, Dutch, etc, and Taiwan liability forms, the civil liability forms of the guardians of minors is divided into four forms, namely: minors are responsible for the tort liability solely, guardians are responsible for the tort liability solely, guardians are responsible for the added tort liability, guardians and minors share the tort liability fairly. In the actual trial, these two kinds of liability form, the sole tort liability of minors and their fair share, are seldom seen.The fifth part is about the prosecution of the civil liability of guardians of minors. What matters most is the how to list the proceeding position. This chapter focuses on how to establish the proceeding position of guardians of minors under the existing legal structures of the law in our country. Through the analysis of the three dominant view in China's Civil Law Theory and trial practice, the main problems and improvement suggestions on the civil liability of guardians of minors are discussed. Combined with the practical trial problems, a fair, reasonable and operable civil liability system of guardians of minors is expected to build by demonstrating the existed logical contradictions and putting forward correspondent proposals.