Deficiency And Improvement Of The Law On Tort Liability System Caused By Minors

The construction of tort liability system caused by minors starts from the aspectof its ability, doctrine of liability fixation and undertaking. At present, there is notenough construction about this system, the mainly related aspects of the law is moregeneral, and system construction is not comprehensive, so it is quite necessary to dosome in-depth study of current related system and then find out the deficiencies thatneeds improving. From the overall rules of tort liability on minors in our country, tortliability law and general principles of the civil law are basically the same. But withthe continuous development of social economy, there are more and more infringementcases of minors happening in the real world, so this will involves the problems ofhow to undertake the tort liability for such cases, and the problem of how to balancethe relationship among the minor infringer, guardianship and the victim. This paper isjust based on these aspects to study respectively, and then to make comprehensivecoordination, in order to realize the harmonious existence among them. The authorthinks that capacity for responsibility is the foundation of minor’s tort liability system,and the doctrine of liability fixation is the main content of the overall system, then theproblem of undertaking liability is the final foothold. Different countries and regionshave different rules and instance of legislation for partition and judging standards ofminor’s capacity for civil liability, each has its strong point. At present, the expressionof minor’s capacity for responsibility and doctrine of liability fixation is not clearenough, this leads to various viewpoints appearing in the field of academia. When theauthor analyzes these problems, he consults the legislation of some major countriesand regions, so that to put forward some suggestions for minor tort liability system inour country.This paper makes analysis and study on the ability, doctrine of liability fixationand undertaking of minor tort liability, and also makes the comparison with thelegislation of other foreign countries and regions, finally summarizes the existingproblems in the system, and then put forward some corresponding proposals and suggestions. Firstly, we should clear the ability for tort liability if we want to improvethe system, there is no clear stipulation about it in our country, but according to thelegal provisions, it can be understood as application of responsibility abilitynegativism, which is quite rare in the world, it is still to be discussed about whether itis reasonable or not, then combining with the analysis of the legislation of foreigncountries and regions, putting forward that our country should abandon responsibilitynegativism, we should use the age range and the standards of cognitive competence toaffirm the ability for minor tort liability. After the ability has been affirmed, weshould conform the doctrine of liability fixation in order to make sure that minors canbe appropriate to undertake corresponding responsibility, therefore, the author makesfurther analysis of it, and mainly talks about the responsibility of minor’s own and thedoctrine of liability fixation of guardian, then find out the deficiency in rules of ourcountry’s doctrine of liability fixation of minor by comparison, then proposes thecorresponding suggestions. The improvement of both the ability and the doctrine ofliability fixation is finally to solve the problems of undertaking responsibilities well.This paper makes a summarized analysis about the rules of undertaking tort liabilityin our country at last, and then puts forward the corresponding improved suggestionsby combining with the outland advanced experience. Ultimately, the minor tortliability system should be based on actual situation of our country, and absorbs theadvantages of legislation from other countries and regions, then aiming to the presentdeficiency and shortage of regulations, starts from the perspective of the overall, andthus having a planning and targeted improvement to solve the different kinds ofinfringement problems in actual situations.