The Research Of The Tort Liability And The Bear Of Responsibility Of Miner In China

Minors to assume the tort liability system is an important component of China’s General Principles ofCivil Law and Tort Liability Act’s, to construct a reasonable system related to the development of minors,but also related to protect the interests of the victim in greater extent. According to China’s existing laws,Once the minors inflict harm on others, it will involved in the allocation of a number of important issuesamong guardians, schools and other obligations of responsibility. The General Principles of Civil Lawpromulgated in1986, it clearly defines the problem of the tort liability of minors, and however, there hasbeen a heated debate in the domestic legal profession. December26,2009, the11th National People’sCongress Standing Committee adopted a "Tort Law", it clearly stipulates the Liability Principle of a varietyof tort cases, and it protects the interests of the people who have been infringed. The part of the tort ofminors compared with The General Principles of Civil Law is Improved, the abolition of section133of the"The General Principles of Civil Law" in Tort Liability Act,32, except for the provisions of133minorshave personal property but the property is insufficient compensation for the case of units guardianresponsibility. But the32, paragraph1, of the "Tort Liability Act, compared to the" General Principles ofCivil Law,"Article133, paragraph1, there is no fundamental change, so taken by the guardianresponsibility attributable to the principle of the dispute still exists after the promulgation of the" TortLiability Act. Current point of view, the mainstream view is that of guardian of the Principle of Liability isliability without fault, while the principle of equity to reduce the guardian’s responsibility. Our law does notallow the guardian to fulfill the responsibility of guardianship and advocated the exemption, only reduce itsliability. With the provisions of many countries in the world, our law is only to acknowledge itsresponsibility under the guardian of their property, over the years, the efforts of scholars tort capacityultimately not provided."Tort Liability Act to continue the practice of" Civil Law "and its provisions on thetheoretical logic sleepwalk, but the actual application is not convenient property responsibility."TortLiability Act," did not make big changes compared with the "Civil Law" in the part of the tort of Minors, soThe heated debate of the legal profession in China on the commitment of the tort liability of minors will notbe as on the minors does not naturally subsided with the operation of the Tort Liability Act. In view of this, the authors believe that to be further in-depth exploration and study of the tort liability of minors to bear themany problems involved in the system, evaluate this system objectively and comprehensive assessment ofthe inheritance from the general value and significance of our "Civil Law"133,"Tort Liability Act32, andanalyze its flaws and problems. The authors believe that in today’s Legislative environment, we can notrequire minors to take responsibility for others entirely, we can not be achieved the punishment andeducational functions of the Tort Liability Act, as the same time it can not conducive to the healthy growthof minors. The research on the subject is helpful to the resolution of interest issues among minors, theguardian and the victim.