Civil Liability Of Natural Persons

Based on the analysis of the various theories about the current domestic and international civil liability, the meaning of civil liability of natural persons, nature, status, scope, criteria and other issues are discussed in depth. In order to enhance the natural understanding of the issues on civil liability, and on this basis, the shortage and reconstruction of the civil liability system of the current is studied preliminarily.This article is divided into six parts:The first part discusses the meaning of civil liability of natural persons. Through the analysis and comparison on civil capacity theory, capacity of violations theory, the ability of recognition theory and the theory of wrongdoing, this section demonstrates the advantages and disadvantages of each theory. Finally based on wrongdoing theory we can able to say that civil liability is a Standard to determine whether to take responsibility. Civil capacity of natural persons means qualifications or ability that a natural person can identify their own fault bringing damage to others and can bear civil liability for their mistakes.The second part focuses on the nature of civil liability of natural persons. Through comparing the fault liability theory with the attribution ability theory, I think that civil capacity of natural persons should have the nature of fault liability. Consideration of the fault of its own is legal and consistent with the actual situation.The third part focuses on the natural status of civil liability. Through the analysis of the inclusion of legal capacity theory, capacity theory and independence capacity theory, we give a definition on contact and difference among the capacity of civil rights, civil capacity and the civil liability. And by comparing I believe that the civil liability of natural ability should be an independent capacity and It is in the same position with the right skills and capacity. This is important to the development of civil law.The fourth part discusses the scope of civil liability of natural persons. In this paper, based on fault, we respectively study the application of the civil liability in violations, breach of contract, failure to carry out the debt,not to perform acts of unjust enrichment of the debt and liability without fault behavior. We believe that the civil liability of natural persons can be applied in in violations, breach of contract and no-fault liability, but a slightly different form each other; in the management of non-performing debt and the behavior of non-performing debt are not need to apply.Part five discusses the criteria for determining civil liability of natural persons.This paper analyzes three major international legislative models which are the doctrine of birth, meaning Marxist doctrine and recognition doctrine, and with reference to France, Italy, Germany, Japan and Taiwan region of the relevant provisions of the Civil Code and compared. The basis for its enactment of legislation that the civil liability of natural persons should be taken to identify the doctrine, the recognition based on ability to identify the manifestation - of Age, and on this basis, the property will be included in personal independence criteria. Ability to identify and separate property of one of the two meet, that should be recognized as with civil liability.In order to better achieve civil liability system to protect the interests of victims purposes.Part six focuses on the civil liability of the existing lack of capacity of natural persons, and based on the findings of the study proposed four reconstruction measures:First,clear natural civil liability in the Chinese Civil independence.Here reflects the independent views of civil liability; Second, improve the capacity of its own criteria for judging civil and legal form to be determined.I think that the statutory civil liability may be determined as the age of the standard age of 7 years. Property as one of the criteria will be identified. Third, the clear responsibility of guardians and legal basis of the principle.This recommended the principle of presumption of fault, done to a reasonable care obligations of the guardian should be allowed to exempt its liability.Fourth, the principle of liability is included in the fair scope of civil liability.Which will effectively balance the responsibility of all parties, better maintain the interests of victims.