Comparative Study Of Minor Tortious Liability

Tort liability of the minors is one of the most important parts of the field of tort law. Dueto the specificity of minors, the tort liability of the minors is more complex and special thantort liability of general subject. Most countries reduce or exempt the liability of minors inlegal provisions to protection them, but the ways are on mutual difference. Therefore, studythe tort liability of the minors has the vital significance to establish a reasonable and perfecttheory system and guide the current legislation and the judicial practice.This paper study tort liability of minors on the minors’ capability for civil liability,subject of tort liability, liability form and Principle of imputation of minors’ tort liability inthe longitudinal direction, and summarized the viewpoint, put forward legislative proposalsfinally. Through comparative analysis the legislative regulation of two major legal systemsand China in comparative study in the horizontal direction, this paper find the reasonable anddeficiencies and improve the tort liability of the minors and the theory of the currentlegislation of our country.There are a variety of viewpoints and theories on capacity for civil liability, the authorinsists that the capacity for civil liability is a kind of specific legal skills, with the capacity forcivil conduct similar, both from the positive and negative aspects to give a natural personcorresponding civil capacity. On the civil responsibility of the judging standard, the authorthinks that a fully affirm or deny minors’ civil liability ability or only with recognition abilityas the capacity for civil liability is the only criterion to age, with recognition ability as adouble standard view is more reasonable and conform to the judicial practice. For Chinesecurrent law in minors’ civil liability, the author thinks it is denied and Chinese minors don’thave capacity for civil liability and liability of qualification, which is not broke by the specialprovisions of property of minors. Therefore, the subject of tort liability of the minors in Chinaare only the guardian, minors are not clearly become independent subject of responsibility. Inreference to the imputation principle of guardian’s liability in China, the author supports theno-fault liability perspective, because no matter from the guardian’s liability nature or fromthe guardian’s liability in light of the development trend, the no-fault liability is significantlymore reasonable, and from our country the current legislative provisions of the wording asinferred from the analysis of the initial intention of legislation also derive the no-fault liability is more reasonable conclusion. Finally, based on the international legislation and the civilcode draft proposal of Chinese scholars, combined with the author’s point of view, a newmode of legislation is put forward as a proposals for Chinese tort law legislation.