Research On The Tort Liability Of Minors

Minors as a special subject of the infringement, the infringement responsibility is much more complicated than the general tort liability.This is due to a minor lack of the corresponding discrimination ability, control ability and the appropriate compensation ability. In order to make this problem solved, the introduction of the guardian responsibility and fair responsibility is really necessary. The thesis regards this as the starting point, for minor self responsibility, guardian responsibility and fair responsibility respectively discussed, in order to benefit the study of China’s juvenile tort liability.The article, besides foreword and conclusion, is divided into four parts.The first part is the case introduction and the thinking about the case. This part leads to minors easily tort reasons and the tort liability of the particularity and complexity through three a minor infringement case, and then ask questions on China’s existing relevant minor’s tort liability law whether is scientific and reasonable or not.The second part mainly discusses the juvenile tort own responsibility. The paper proposes and analyzes whether minors need to assume their responsibility problem or not, and takes this problem as the starting point, and then discusses the system of capacity for civil liability cognizance of tort and minor fault, finally obtains the minors in their responsibility ability and fault scenarios need to assume their responsibility conclusions, and thus put forward the corresponding legislative suggestion.The third part mainly discusses the tort liability of guardian of minors. First, it analyzes the reasons of introducing Guardian responsibilities, makes comparative study of the two legal systems and the guardian liability of guardian liability imputation principle and types, and finally puts forward our country should adopt the imputation principle and types of liability and legislative suggestions.The fourth part mainly discusses the fair responsibility of juvenile tort in china. First, it introduces fair liability reasons analyzed, and then analyzes the present situation of legislation in our country, finally discusses the equitable liability in the juvenile tort in the specific application situation and put forward the corresponding legislative suggestion.