Reserch On The Responsibility Of Minor's Tort

Minors, as a developing and progressive groups, protecting their rights and interests is important; the victims, as a party in tort who suffers damage, making up their loss is the duty of tort law. However, when the interests of minors and the protection of victims collide, how should the law choose, which has become both theoretically and judicial debate. The law, to some extent, be called a balance between the interests. And how perfect liability system because of minors'infringement act? In this system, the topic of capacity for liability is important, which makes the person responsible for the wrongdoings,victims are protected. About capacity for liability of minors, different countries have different requirements, as each has advantages and disadvantages.While our country's law about these issues is quite fuzzy, which troubled judiciary. Based on this, I think it is necessary to clarify the legal concept, reconstruct the regulations, improve the internal system, and calm down disputes.In thought of this article, the author believes, in case of minor's damagement, he has or no capacity for civil liability is the premise of bearing responsibility, while he has or no fault is the final causes of responsibility; for the minor of guardian, he has or no fault is the basis of his responsibility. However, clustering the above two factors,the body of liability, nature of liability,criterion of liability and constitutive requirements are different. Thus, the capacity for liability of the minor, minor's fault, guardian's fault will become the core of the system.This article will use above issues as key. And will use the concept and origin of the minor tort liability system as the logical starting point. Then the author will refer to the legislation of different countries and regions to construct the whole system.In the structure, the first chapter for the introduction, which describes the significance of this article, questions, review of the literature and the methods of research. Chapter II is the origin and concept of minor tort liability. In the origin section, the author explains the origins of this system, as well as in modern legislation and theoretical basis, to obtain the system development and legislative purpose; in the concept section, the author is primarily defined the concept of minors'tort liability with guardian tort liability and the guardian's responsibility. In Chapterâ…¢, the author use the comparison method to introduct the legislation of Germany, Japan, the Republic of China on Taiwan, France, the Netherlands and Russia and then give a brief description. Chapterâ…£is the focus of this article, and mainly deals with the capacity for civil liability of minors, as well as with connections and differences between behavior ability, and then dicuss the judgment standard of minor's capacity for civil liability. Chapterâ…¤discusses in the case of minor's damagement,how to identify the minor's fault and the guardian's fault.Chapterâ…¥is on the basis of Chapter IV and Chapter V, analysing the responsibility in different situations to complete system of the minor's tort liability.