On Liability Of Guardian In Minor Torts

According to the legislation of the two law systems in the world, it is notdifficult to find that great importance was attached to the guardian’s responsibilityand the victims’ relief of the right. There are different opinions on the nature and theroots of guardian’s responsibility in theory. However, the guardians still should beresponsible for minors’ torts. Liability without fault is becoming a popular doctrine ofliability fixation which can restrain the duty of guardianship. The Article32of TortLiability Law in China follows the regulation of the Article133of the general rules ofcivil law which conform to the development of modern tort law. However, there arestill some problems in theory and practice. With the strengthening of people’sconsciousness on the relief of victims’ right, it will be of great importance in studyingthe construction of the guardian’s responsibility system with Chinese historical andcultural background.This thesis is divided into3sections: introduction, body and conclusion.In introduction, it covers that the law should protect minors’ right, at the sametime; great precautions should be taken to against the damages to any other person. Ifthe damage cannot be avoided, the victims’ right of relief should be solved. The briefintroduction on the guardian’s responsibility of minors’ torts and the conduction ofTort Liability Law on this issue will be discussed in the thesis.The body is divided into4parts.Part1is the introduction of the guardian’s responsibility of minors’ torts.Starting from the historical evolution, on the basis of clarifying the definition, thethesis focuses on the nature and basic theory of the guardian’s responsibility. Bystudying the regulation on the guardian’s responsibility in Civil Law system and theCommon Law system and difference between them, the development tendency wasexplored in this part.Part2discusses the judgment of regulation of the guardian’s responsibility ofminors’ torts in China. Centered on the regulation in Article32of Tort Liability Law in China, the historical origin and development of this system was studied.Comparing to the regulations in the general rules of civil law, the amendment to theguardian’s responsibility of minors’ torts by Tort Liability Law was clarified; theguardian’s responsibility system was also evaluated in this part.The law suit status of minors and guardians and the mode of liability arediscussed in Part3and the running modes of judicial operating were selected.The problems in the guardian’s responsibility of minors’ torts were clarifiedbriefly in Part4, and on the basis of analyzing the strengths and weakness of severalCivil Codes of the draft, a more reasonable system should be set up on balancing therelationships among the relief of the victims, the protection of minors and theguardian’s responsibility.Conclusion. The system of the guardian’s responsibility of minors’ torts involveany aspects such as the relief of victims’ rights, the protection of minors’ rights andinterests, the rights and obligations of guardians. The design of the system conformsto the requirement of traditional norms in ancient China, which means the parentsshould be responsible for their children’s fault, and it also brings convenience tojudicial practices. Ignoring the capacity for responsibility of minors, it is bad for thegrowth and the formation of independent personality. It is necessary to establish thescientific and reasonable rules for liability.Starting with the evolution of the system of the guardian’s responsibility, thethesis evaluates the system by comparing the advanced legal systems abroad andcombining the judicial practice and puts forward suggestions in order to construct areasonable system and balance the relief of victims’ right and the protection ofminors’ rights.