Study On The Ability To Tort Ability Of Minors

Given our country is currently underway to draft civil code,the ability to tort ability of minors has the ability not only to build our civil subject, but also directly related to the civil liability and ownership. Therefore, the study of the ability to tort ability of minors is very important. In our country, our "Civil Law" and "Tort Liability Act" does not provide the ability to tort liability of minors, which lead to the result that tort liability of minors is not taken into consideration in trial practice,with liability attributed simply to guardians. In other wise,It can do damage to their education and suppression of violations of the law. Our civil law does not recognize the ability to tort ability of minors,which generates many conflicts and contradictions in theory and practice. Minors have separate legal personality, the right to acquire property on their own interests, according to their own will to implement the desired behavior. If our law acknowledges the ability to tort ability of minors, they can be responsible for their own behavior. Our law have the duty to respect their independence formation of personality. On the other hand, in terms of the relationship between Capacity and ability of responsibility as well as Civil main qualification theory, we can see that the ability to tort liability has its own independent tort theory basis. Furthermore, the acknowledge of the ability to tort ability of minors has important significance in the theory、legislative and judicial practice. This paper has three parts to discuss the ability to tort ability of minors. For Part one, The main content of the existence is to study the issues of tort liability of minors.First, we find out the problems in practice, legislation and theory, and then tease out the existing problems of tort liability and the problems to be studied. For Part Two, we focus on how to define the ability to tort liability of minors. First,we discuss on the reasons of the acknowledge of tort ability of minors, the standard of the acknowledge of tort ability of minors and the meanings of the acknowledge of tort ability of minors. Then, we prove the necessity and feasibility of the acknowledge of tort ability of minors. For Part Three, we mainly discuss on the legislation improvement of our Tort Law in the ability to tort ability of minors.