The Tort Liability Of Guardian

The guardianship system is very important in the civil subject system of the civil law in China. The guardianship system mainly protects the benefit of the natural persons whose capacity have deficiency. The guardianship relations involve to the interest relations of the guardian, by the guardian and the third person. Therefore, there is very important theoretical and practical significance to handle the relationship in the interests of the main three parties.The guardian has the obligations of educating, supervising and preventing in by guardian's behavior. At this moment, the behavior of by the guardian often aggrieve the rights of others. How to properly handle the issue of guardian's tort liability is very important. The Civil Law and the Tort Liability Act make the provision of principle in the guardian's tort liability. The guardian has to undertake the tort liability which is sent by the behavior of by the guardian.But the imperfect legislative stipulation is unable to process the interests of the guardian, by the guardian and the victim. The civil law is not willing to recognize that by the guardian has the civil liability ability. The guardian has the the substitution responsibility for the behavior of by the guardian which causes damage.But the main body of the responsibility and of the compensation are separated artificially by the legislation.The civil law should recognize that by the guardian has the civil liability ability. Firstly, this paper will attempt to discuss the tort liability system of the guardian. Secondly, it will analyze the advanced legislation.Thirdly, it will compare and study the related stipulation about the guardian's tort liability.Lastly, it will analyze the principles of the nature and the composition of the elements of the guardian's tort liability and put forward to the improvement.