The Research Of The Litigation Subject About Minor’s Tort Cases

Minors are person with no capacity for civil conduct or with limitedcapacity for civil conduct. When they implement torts, due to the relatedregulations of the substantive law are unclear, the subject of litigation in thelawsuit are very confusion. Although the research of the litigation subjectabout minor’s tort cases in academia are not less, there is still no relativeperfect solution and advice because its wide scope of the issues involved andprofound influence. For this reason, by using the basic legal theory and legalinterpretation method, I embark from the related substantive law aboutminor’s tort cases and the angle of comparative law to carry out thediscussion. There are six parts in this paper: the first part is foreword whichillustrates the research significance, purpose and methods of this article; Thesecond part points out the confused situation of the litigation subject and itsinsufficient in the juridical practice by citing several judicial precedents andraises the question; The third part is about several countries’ legislative models of related substantive law and its corresponding procedural lawprovisions about minor’s tort cases; The fourth part points out the logicalparadox in the minor’s tort lawsuit and the rationality of the relatedsubstantive law by analyzing China’s Tort Law from the angle of the civilprocedure law; The fifth part is the author’s personal understanding andthinking about the subject matter, which demonstrates that the matter shouldbe solved by dividing into two kinds of situations; The sixth part is theconclusion, which aims at emphasizing and summarizing author’s mainpoints.