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The Civil Liability Of Minor’s Torts

Posted on:2014-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:L HaoFull Text:PDF
GTID:2266330425492816Subject:Civil and Commercial Law
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Juvenile Tort Liability Undertaking System is the important part of "general rule of the civil law" and "Tort Liability Law". To build its reasonable institution touches on the juveniles themselves and also concern to the matter of maintaining victims’ benefit better.Although "general rule of the civil law" and "tort liability law" issued after the modified tort liability system in "general rule of the civil law" all stipulated explicitly for Juvenile Tort Liability Undertaking, for the defects and mistakes in the articles logically, there is violent controversy in legal profession inland, which focuses on whether Juveniles should take responsibility for themselves, whether Juveniles have the capacity for responsibility and principle of liability fixation of guardians etc.With the legislative background nowadays, author thinks that, it is impossible letting Juveniles to be punished and undertaked tort liability for others. The punishment and teaching functions in tort law could not all be carried out. Meanwhile, it is not fair to give too much responsibility for guardians. It may bring the problem that the guardians will limit Juveniles’ free time for avoiding undertaking Tort Liability, which is bad for-Juveniles’ healthy growing. It is beneficial to balance the benefits between Juvenile, guardian and victim.As to the thoughts of this article, combining with the legislation situation at home and abroad, author puts forward several questions as follows:First:Whether Juvenile Tort Liability could be brought into Tort Liability institution? How to classify the standard of Juvenile Tort Liability ability, if Tort Liability institution could be used.Second:Whether should Juvenile take responsibility after they have tort on others. Whether there is personal property problem or not is the basis of Juvenile taking responsibility of Tortious liability? From articles of the Law, Juveniles could take responsibility of themselves for the victims, if they own their independent property. If not, the guardians will take the responsibility. Whether it is making the Juveniles’ financial situation equal to the key component of Tortious Liability if stipulating the clauses like this?Third:Whether stipulation of taking responsibility by the guardians after Juveniles’tort violates fault liability principle? What is the basis of guardians undertaking the Tort Liability? Is fault principle or principle of no-fault liability the principle of attribution undertook by guardians stipulated by our Law?Fourth:If Juveniles take responsibility after tort behavior, what about their guardians? If it is, what is the relationship between Juveniles’ and guardians’ responsibility?These are the problems this text tries to analyze.As to the article structure, this text is composed of introduction, body text and conclusion.The introduction part introduces the reason for collecting the topic and the research methods.There are four chapters for the text body part.First chapter summarizes the Tort Liability for the Juveniles. It defined the concept of the Juveniles’Tort Responsibility and the type of Juvenile Tort behavior. It introduces and analyzes the current situation of legislation of Juvenile Tort Liability in Chinese, French, German and Japanese civil law from the perspective of comparative law, which paves the way for the following chapters.Chapter two begins with the capacity for liability. First it defined the meaning of capacity for liability. Then combining and summarizing the Juveniles’Tort Responsibility grading in the main civil code in the civil law countries, common law countries and Taiwan, Macao etc. to seek whether the Juveniles have the capacity for responsibility. Under the condition of Juveniles’detrimental responsibility, the premise of Juveniles’ taking responsibility is whether they have the capacity for responsibility. The final reason for Juveniles taking their responsibility is whether they have mistake. The writer put forwards legislative proposals on the criteria of Juveniles’Tort Responsibility.Chapter three expounds whether the Juveniles should be responsible for the damage they caused and the specific situation of taking responsibility. It covers the basis, value orientation, judgment standards, and criterion of liability etc. of the Juveniles’taking their responsibility.The fourth chapter discusses the person who has a statutory responsibility (This paper mainly discussed the parents of juvenile, clarifies the undertaking responsibility with theoretical bases, foundation, the nature of responsibility of guardian, responsibility principle. While discusses and analyzes causality points which has a close relationship with the responsibility undertaking. Finally, based on the analyses of theories, this chapter clearly the relationship between the duty of fiduciary and juvenile. Then the Juvenile Tort Liability Undertaking System has been build completely.The final conclusion of this argument is summary of the demonstrating and refined views.
Keywords/Search Tags:Tort liability, The juveniles’ capacity for liability, Self-responsibility, Guardian Responsibility, Responsibility Principle
PDF Full Text Request
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