Criterion Of Minor’s Guardians’ Liability

When minors cause damages to others, there are controversies on whether their parents as guardians are responsible for their acts and the nature of this liability is vicarious liability or self liability and still what criterion of liability applied.This paper using the thought of civil law and the methods of comparative study and empirical analysis discusses the rules of minors guarding liability. There are five chapters included in this paper. The first chapter discusses the conception and history of minors guarding liability and tells the conditions of this liability in different historical period. Chapter two introduces the relevant provisions in the law of two legal systems and summarizes only a few countries such as France case law and Louisiana adopting the principle of liability without fault. In chapter three, the author uses the method of comparative study and combining the relevant provisions in the law of two legal systems discusses the debate on liability principle. By evaluating the present principle, the author puts forward the shortage of the principle of liability without fault. The fourth chapter analyzes the reform direction of tort law on the issue of minors guarding liability and states the necessity and significance of presumption of fault. In chapter five, the epilogue summarizes the main viewpoint in this paper and explains the unreasonable principle of liability without fault and the scientific principle of presumption of fault.By analyzing the present condition of minors guarding liability principle in our county and combining the relevant provisions in the law of two legal systems and our national conditions, the author aims at coming up with the reform direction in the future and perfecting our minors guarding liability system in order to adapting the development of the market economy and making fairness and justice come true.