By Guardianship Cause Damage Liability Research

Research of the person under guardian causes damages is the person underguardian suffered damages to the legitimate interests of others, the liability fordamages is who should bear and how to bear.As a special kind of tort, there is anoticeable difference with the general tort violations in general. In normalcircumstances, the actors and the main responsibility is the same person, On thecontrary,and the special infringement violations,the actors and main responsibilityare not the same person, with inconsistencies. The person under guardian to causesdamage is one of the special tort, damage how the results should be shared and thisis what this article is intended to set forth.In the paper, the idea of view, Ma Xu quoted Li Ying and Liang Gan damages forinfringement dispute case as a starting point, why the proposed guardian bear theresponsibility of the person under guardian for damages? The person under guardianis a special tort, actors and responsible person are sometimes separated from themain body, and use the jurisprudence knowledge explain guardians bear the personunder guardian damage liability for providing the basis. If the person under guardianhave responsility, contact and differences of capacity for civil liability and ability ofbehaviour. System of capacity for civil liability as a basis of the person underguardian bear fault liability. Meanwhile statement responsibility principle ofguardian and the person under guardian and the person under guardian damageliability in other country investigation. and describes the moment in our country.Statement law provision of our country currently capacity for civil liability andresponsibility principle.Finally, the adopt jurisprudence and law and economicsapproach to the person under guardian damage liability obligations and fair Liabilityhas been improved.This paper is divided into five parts are discussed: the first chapter discussespractical example which leads to the question of tort, and a brief description. whatkind of research methods are used in the thesis. The second chapter is the basicconcept of tort liability of the person under guardian, origin and historicaldevelopment.talk about the origin and development of this system and the theoretical concepts,.in addition to distinguish the relationship between the actors and the mainresponsibility. In tort law, The guardians and the person under guardian who is thereal duty-bearers. The third chapter focuses on the imputation of being guardians ofthe legal basis of virulence and the responsibility principle, and the ability to be aguardian’s responsibilities theoretical analysis. discusses the links and differences ofcapacity for civil behavior and capacity for civil liability of the person underguardian. and then on the basis of the capacity for civil liability of the person underguardian, and the principle of imputation.Chapter four statements about the civil law,common law and the attribution of responsibility to be guardians of virulence as wellas whether to adopt the principle of responsibility capabilities. Have also stated ourcurrent law. Finally, the fifth chapter the author discusses the Capacity for civilliability of the system should be used and the Capacity for civil liability is importantinfluence to the main responsibility. And explains fair responsibility should be usedand jurisprudence Evaluation,scope of application and interpretation of "TortLiability Act," Article32.