The Minors Of Responsibility For Damage

Parents are liable for damage caused by the minors, which is recognized by all the world law, as a way of accountability. Behind which accountability is three interests. that is, laws must choose between three interests. Every country choose one of them in dealing with specific system design of this issue, so it is different.Lateral development from the point of view, the current civil law countries in the treatment of minor injuries accountability to cause the formation of the two modes. One, as the representative of Germany relative to the interests of creditors, most cases of this model, the victim’s losses are generally infringer (minor) and their guardians to compensate, and in special circumstances have the part of the victim or his guardians. German civil law adopted from the "cognitive ability" to "Responsibility" to "fault" that there is inherent logic of the framework constitutes the basic structure of code violations, the framework is also fully consistent with the inner spirit of German civil law (private law) and Civil Code of the implementation of basic principles (the principle of fault), so this legislative model is the most countries now use a legislative model. The other one, as the representative of France, the absolute benefit of creditors, this mode as long as the damage to the victim, the victim’s losses will be offset. France passed the initial legislation and subsequent judicial decisions over the centuries the gradual development of the model to determine the national recognition of French civil law theory, the duty of everyone to capacity, but in the treatment of minors cause damage, in order to protect victims responsibility for the interests of minors and their guardians will be the responsibility of the one, ultimately the victim’s interests are protectedThe mainland of Chinese of civil law provided firstly the responsibility of minor to cause harm, is "General Principles of Civil Law of The People’s Republic of China". By the end of 2009, The People’s Republic of China Tort Liability Act" was passed twenty-years later. The tort law has continued to use the practice of former, it notice that damage caused by minors, should be responsible by the minors parents. Meanwhile, the responsibility should be standed by minors if he has property. the property is not undertake additional liability guardian,. This regulation is has rationality, but it has insufficient.