The Assumption Of Liability For Damage By Juvenile

The tort liability law is rich in content and significant in practice. As one of the special liabilities, the guardian’s liability has many contradictions both in theory and practice, such as the nature of the guardian liability, the attribution principles of the guardian liability, and the role of a juvenile tortfeasor with his/her own properties in respect of the guardian liability. All of these contradictions can be attributed to the definition of Article 32 of The Law of Torts. Based on the Article 32 of The Law of Torts, this article mainly explains the relevant issues concerning the liability for damage caused by a juvenile of Article 32 of The Law of Torts.Besides the abstract, introduction and the conclusion, this article consists of four parts. On the basis of the interpretation of Article 32 of The Law of Torts, the first chapter analyzes the current situation of the assumption of liability for damages caused by juveniles from theory to practice. By comparative method second chapter discusses the issues concerning the guardian liabilities in China and its property, from two aspects, in which guardian and ward are analyzed. The third chapter probes into the attribution principles of the guardian liability from the viewpoints of two legal systems and Chinese scholars who concluded that the guardian attribution principles of liability should be no-fault liability. The forth chapter is the key part of the article, which proposes the assumption of liability for damage caused by juvenile, including the solitary liability of the guardian and the juvenile liability, and both of the guardian and the juvenile are subject to joint liability.