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Research On Juvenile Tort Liability

Posted on:2016-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:H MengFull Text:PDF
GTID:2206330461987329Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Minors as a special subject, in the implementation of the violations they are lack of cognitive ability, self-control ability and ability to pay the damage results caused by the infringement of property, resulting in difficulties in responsibility’s carrying on. In order to ensure the realization of the interests of victims, guardians of minors become another subjects, which makes minor infringement damages issue between the perpetrator and the victim expanded to three subjects. Three subjects’ responsibilities make the issue of minors’ tort liability more complex. In my opinion, although the existing provisions are feasible in practice, they are not perfect. The law of our country does not specify the problem of tort liability of minors’ capacity at the present stage. Moreover, there are lots of theories about the imputation principle of the guardians’ responsibility. Therefore, this paper analyzes and introduces the status of legislation in other countries and analyzes the existing minors’ tort liability system in our country. On this basis, I think when legislature put the tort liability law into the civil law, they should confirm the institution of the capacity for civil liability and structure multiple imputation system to improve our law regulations.
Keywords/Search Tags:Minor, Guardian, Tort liability, Responsibility principle
PDF Full Text Request
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