Extraction Of The Guardians Of Minors Legal Liability To Pay Compensation

Though China’s General Principles of Civil Law, rule133and Tort Liability Act, rule32has clearly clarified it, the liability guardians take for minors’causing damage to others is a special class of tort liability.There seems not much problem for these legal requirements to operate in legal practice; but after careful thinking, there are many theoretical issues worthy of being explored. Recently, many cases of minors’causing damage occurred. Minors violations responsibility is inseparable from the guardian in the field of tort law, so to improve the responsibility of minors’causing damage, the responsibility of the guardian must be mentioned. However, in China, there are some problems on the theoretical basis and specific rules concerning guardians’responsibility of minors’ causing damage.First, what is the theoretical basis for the guardian to be responsible for the damage caused by acts of minors? There are controversy between legal representative theory and guardianship theory in China. The prevailing doctrine advocates guardianship theory, for it is more appropriate for China’s real situation. But it has many problems difficult to solve, so we should combine it with the main theories of the world to make a reasonable explanation to this question and solve the problems existing in Guardianship theory. In addition, in China, there are disputes on the nature of the responsibility on the guardian. Some scholars think it is a personal responsibility, but others think it is a kind of vicarious liability, having nothing to do with guardianship obligations. Second, how to make the responsibility assumption of minors’virulence behavior more reasonable? This problem is closely related to the guardian responsibility, but not limited to it only. For this problem, countries of the world’s two legal systems have made a lot of different rules to improve it using different types of responsibility, including strict liability, equity responsibility, joint and several liabilities, and so on. the guardian responsibility in China which is deeply influenced by the Soviet Civil Code, implements The principle of liability without fault. But the relevant legal provisions are slightly confusing, for example, mixing no-fault liability with the presumption of fault liability, which makes it difficult to define them.In order to better analyze and solve these problems, the writer will in this article discuss them one by one using four chapters in this article.Chapter one briefly introduces the guardianship concept, classification, and the responsibility of guardianship, also defines the type of liability of the guardians.Furtherly,discusses whether the liability is a vicarious liability by combining the definition of vicarious liability in other countries with China’Chapter two introduces the theoretical basis of guardians taking responsibility for minors’infringement behavior so as to explain why the guardians should take responsibility for this. Also this chapter explores the problems existing in China’s mainstream theory as well as raises some suggestions on solving these problems based on analysis of t the advantages and disadvantages of other countries’laws. Chapter three introduces the liability rules about minors’infringement in other countries from the aspect of legal practice; puts forward suggestions on China’s liability rules about minors’infringement on the basis of the analysis of the pros and cons.