The Civil Liability Undertaking Of The Minor's Torts

The civil liability undertaking of the minor's torts is one of importantpart of the tort law. Since the minor are not yet mature enough, theirability of foreseeing and controlling risk are lower than that of adult.When minors offend others and cause damages, the principle of faultliability and self liability can't be applied generally. In order to protect theproper interests of victims, the guardian is added to be the liability subjectby the law. As a result, the interest-balance between actors and victimsturns out to be the balance among more liability subjects. So the core ofthe whole problem is how to contribute the venture of damages caused byminors' fault conduct among all the subjects. Although the liabilityundertaking of the minor's torts has been stipulated in the GeneralPrinciples of the Civil Law of the PRC and Tort Law of the PRC, thereare quite a few problems and much confusion among our theorists. So onthe basement of analyzing the other countries and regions' legislation andthe suggestions for our country's legislation proposed by the scholars, I will put forward my own opinion on this issue in order to contribute tothe solution of the problem in our country.The article includes three parts: the introduction, the body and theconclusion.In the introduction, the author analyses the particularity of the minor'stort liability undertaking compared to the general tort liability, and takesthis as starting point, explains the whole thought thread of this thesis.The main body of the article is divided into three chapters:In the first part the author discusses the relevant theoretical issuesabout the minor's liability undertaking, including the criteria of thecapability for responsibilities and the minor's fault.In the second part author discusses one of the other liabilitysubject the guardian's fault liability. This part will discuss how to judgeand prove the fault of guardian, and talk about the relationship betweenparental liability and the minor's personal liability.The third part defines the scope of the guardian who should beresponsible for minor's harmful behavior according to tort law, especiallyanalyzes the system of the entrusted guardian.The conclusion is the summary of the whole article.