Understanding And Application Of The Law On Tort Liability System Caused By Minors

Minors are the country’s future and hope of the nation.Promoting the healthy growthof minors work is related to the strategic projects of national business successors. As aminor in intellectual,common sense on both at a low level,not strong sense ofself-protection and other natual defects,resulting community to give more attention andcare to minors.Even so,given the social nature of people’s inherent characteristics,minorsare also inextricably linked with the outside world..Minors in the law as a civil status ofthe subject is undeniable.Therefore,as a special group of society,the minors will assumeresponsibility for special treatment by law when they cause damages to others.The article32of Tort Liability Law established a system of tort liability of minorsbasic framework,which prescribed the general on the liability of a guardian for his tortiousacts.The article9made the special provisions on the accountability rules of minorsinfringement by the solicitation and the help of others,so did the article from38to40onthat of minors infringement on campus.Therefore,the rationalization of interpretation forthe provisions of these minor infringement constitutes a fair judicial discretion of thetheoretical basis.This thesis is divided into five parts.PartI describes our system of tort liability of minors on the development of thelaw,which roughly sorts out contemporary history of the evolution.Through analyzingsimply the legislative background and mainstream point of view in various stages,thecontents of PartI will lay the foundation for the expansion of the details below.PartIIanalyzes how to understand and apply the article32of Tort Liability Law, whichprescribed the fundamental rules on the liability of a guardian for his pupillus’ tortiousacts.So, any other of type of accountability rules involving a minor infringement should beinterpreted in the general spirit established by the article32.In view of this,the contents ofthis part analyses the theoretical basis behind the rules and the basis of liability,combinedwith academic point of view to put forward the author’s own understanding.PartIII andPartIV illustrate separately the understanding and application of legal issues on the tortliability of minors infringement in two special situations.The one case of infringement isthat minors are instigated and helped to cause damage by other people.The other case ofinfringement is that injuries done to minors on campus.By combining these two kinds ofunderstanding of special minors tort liability on theory,the author points out the reasonable and the unreasonable,then put forward the author’s own view.Furthermore,when thestakeholders in one of these two situantions happen to responsibility coexistence with theguardian for his pupillus’ tortious acts,how to apply the rules of accountability of minorsinfringement is to be described through the author’s interpretation of the provisions.Withthe point of view above,PartV presents the improvement of our system of tort liability onminors infringement accoording to the legislative suggestions,specifically the article32ofthe main legilative proposals,which not only reflects the legal rights and interests ofminors,but also consider the interests of other subjects in policy,realizing the law and theactual effect in judical practice to the unity of the maximization.