On The Liability Underteking Of The Minor’s Tort

Compared with general tort liability, the liability undertaking of minor’s infringement appeals more complex as the minor’s infringement liability involves multi-stakeholder main body, namely the minors, guardian and the victim. How to realize the balance of interests between various main is the common goal of the unremitting efforts in the Tort Law of every country. The Tort Liability Law in our country basic follows the system framework of the previous laws. The current regulations completely negative minors’ ability of tort liability and let the guardian undertake no-fault liability for minors. Paragraph2of article32in Tort liability law regulates the minors who have the property pay compensation preferentially. And the shortage is supported by the guardian. Although the paragraph is easy to operate in the judicial practice, it lacks certain theoretical foundation, which has always been a defect in tort law regarded by scholars.Self liability and fault liability are the basic ideas of modern tort law, however the minors tort liability system in our country against with these basic concept, that should cause the attention of the lawmakers. From the general countries legislative cases we can find that the complete negate to minors’ own responsibility is few and the imputation principle of guardian responsibility appears a general trend that is the principle of fault liability. This paper based on the existing provisions of "tort liability law" as well as the comparison of the foreign legislation liability puts forward some improvement suggestions according to the legislation deficiency.First of all, the tort law should establish minors’ tort liability ability, which is an important embodiment of the truth that the person is equally has the capacity for civil rights since birth. We can’t deny minors’ responsibility ability for their defect in compensation ability. The problem that Minor can bear the responsibility doesn’t mean they should bear the responsibility.Secondly, the principle of fault liability should be the only imputation principle of guardian responsibility in our country. It’s a common requirement of legal and social ideas. If the situation that the guardian without fault and don’t assume responsibility has appeared, we can use fair liability to balance the interests between various main.