Tort Liability Of Minors

Study on the tort liability of the minors of the damage caused by the occupying veryimportant position in the tort system," the implementation of the tort liability law ", therelevant provisions of the tort liability of damage caused by minor overall inherited theprovisions of China’s " general principles of civil law " in article133rd, constructs the basicprovisions of tort liability of damage caused by minors, because minors in the developmentalstages of growth is not mature enough, our country set up for minors guardianship system,giving rights, for better protection of the guardian of minors, the purpose is to let minors canmore healthy growth. There will be lots of minors torts liability cases in real life, so this willinvolve the problem of how to bear the tort liability, the victim, minors, the guardian of thethree interests how to balance? How to choose the law? This paper is on the basis of theproposed relevant minors torts liability system suggestions how to perfect.In the minors to tort liability system damage, the author thinks that the responsibility isthe key problem, can make the minors are responsible for their actions and be able to makethe victim get effective protection. Partition of a minor civil liability ability and determinationstandards, regulations and legislation in all countries of the world are different, can be saidthat each has its advantages and disadvantages. Provisions of responsibility of minors in our legislation is not clear, the theory is disputed, it is the basis of torts liability in the analysis onminors, reference to the legislation of other countries experience, in order to tort liabilitysystem can improve the minor injury.In this paper, minors torts liability concept, responsibility cognizance, imputationprinciple and other aspects of the minors torts liability system involved in the problem arediscussed and summarized, in different countries and regions of the legislation as thereference object, on China’s juvenile tort liability system damage induced by in the reflectionson the problems and puts forward improvement suggestions.This text is divided into three chapters.The first chapter as the starting point of concept of tort liability for minor damage, thejuvenile tort liability and responsibility are analyzed, especially introduced the provisions oftort liability ability, it is in order to give the reasoning behind the foundation.The second chapter mainly discusses the principles of torts liability of minors, discussedthe rule system of imputation principle and legislative model, and analyzes the embodiment ofthe current our country imputation principle in the law.The third chapter is the reflection of the tort liability system of minors injury and perfect,the third chapter is the focus of this chapter, on the basis of the first chapter and the second chapter on the analysis of the shortcomings of the current laws and regulations of our country,so the whole construction of minor damage liability system.In the conclusion, the author according to the analyses of this paper draws someconclusions, current law of our country has carried on the simple analysis, the suggestions forperfecting the present law.