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Study Of The Tort Liability Of Minors

Posted on:2007-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ChengFull Text:PDF
GTID:2206360185472478Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Taking juvenile tort liability, which is regarded as one of the ad hoc tort liabilities, as its object for discussing and researching, this thesis starts with the general introduction of juvenile tort liability, setting forth its fundamental notion, nature and historical development, and then, the author chooses the two valuable and research-worthy aspects: the form of liability and the principle of imputing liability as the stressing discussing contents, and analyses the legislative works of modern China from the perspective of comparative law, pointing out some weak points in Chinese legislative works and some advantages of foreign legislation. Consequently, the author advocates that we should absorb certain advanced legislative experiences and enhance the legislative works about juvenile tort liability in China. In the whole process of discussing, the author adopts many research methods such as comparative study, logic analysis and sociological analysis. The thesis can be divided into the next following four parts:Part One: introduction of juvenile tort liability. In this part, the author first defines the concept the juvenile tort liability, pointing out the . juvenile tort liability discussed in this thesis refers to the liability caused by those youngsters of civil disability or limited in disposing capacity but shouldered by them or by theirs custodians because of the damages their made to others. Then, the author set forth the nature of the juvenile tort liability. On the basis of coordinating those academic viewpoints in this field, the author presents that as to the legislative regulations in the general principles of the civil law of PRC, we should change the responsibility of the custodians, defining the liability of the juvenile themselves. Moreover, this part also describes the origin and development of juvenile tort liability. From the description of its historical development, the author concludes two developing orientation, i.e. the change of the theoretical basis for the parents or custodians of youngsters to shoulder responsibility, and the affirmation of the youngsters' own responsibilities.Part Two: the study of the forms of juvenile tort liability. The author first sets forth the notion of the forms of tort liability, believing that we can use this as a tool to analyze the juvenile tort liability. Then, the author introduces the deciding factor of the forms of juvenile tort liability—the capacity for tort liability of youngsters, thinking that...
Keywords/Search Tags:juvenile tort liability, forms of liability, principles of imputation, weak points of legislation, improvements
PDF Full Text Request
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