The Guardian Responsibility Of Damage Causing By Minor

When a civil acts causing damage to other’s body or the belongings, undernormal circumstances, the law requires be made by the actors to be liable, because ofits fault. But minors as part of a civil body, the law may not be required to do so,especially minors as subjects of law, because their lack of recognition of their abilityto give their special legal protection. Caused minor damage to others liability sincethe Roman law was defined as a special liability, and n the civil law of moderncountries have developed for this problem special rules, but it is based on the legaltheory of the specific rules and regulations but different. China since the "People’sRepublic of China Civil Law" provisions of the Guardian liability system, causingminor damage to the system to give the regulations, and "People’s Republic of ChinaTort Liability Act" in the adoption and implementation of the rules did not changewhen the aforementioned law, in fact, the guardian of the responsibility systemdetermined, either from the law or from the judicial practice theoretically speaking,there is a lot of controversy and problems, scholars and research in different ways tochange this situation, but made a lot of legal outcomes for our judicial practice to acertain extent, but still not completely change our system on the guardianresponsibility. In fact, the responsibility of the guardian responsibility is based on thespecial relationship arising guardianship, the guardian bear presumed to be theguardian of the behavior of fault liability, the restrictions have the ability to identifythe perpetrator of the act should have limited capacity to bear, bear guardian fair andresponsible.In this paper, based on the results of previous studies, carried out by way ofcomparative studies to explore, divided into four parts:The first part introduces the rules of China’s laws regarding minors as determinedby the damage，and the resulting doctrinal and judicial practice caused by the rules.Determine the legal guardian of the rule of no-fault liability, the guardian of ourresponsibility to give scholars widely criticized，one of those think should be changedin the no-fault liability for the presumption of fault liability，one of those thinkpropertied be paid in priority should be abolished guardian，in order to protect thelegitimate rights and interests of victims. The first part also describes the two proposals on the draft amendment, the draft proposal were Chinese Academy ofSocial Sciences Professor Liang Huixing responsible for and the draft RenminUniversity of China, professor Wang Liming responsible for.The second part of the study of comparative law, introduced the Roman law, the"French Civil Code,""German Civil Code" and U.S. law regarding guardiansresponsibility. Roman law minors will cause harm to commit acts attributed to a classof quasi-private, and provides a damage compensation lawsuit cast this particularform. French law guardian will be included in the damage caused by acts ofinfringement, whichever requiring minors liable for the damage, the fault is anobjective standard of fault, and their guardians jointly and severally liable. Generalliability provisions of German law guardian guardian presumption of fault liability,and provides equitable liability guardian. American common law think that parentscan not just because of the relationship between parents and their children,if lawconsidered to be liable, must prove their fault, but in modern America parentalresponsibility law is gradually established down.The third part discusses the basic reasons to guardian who bear the damage wascaused liability. Guardian liability mainly because of its violation of the obligation tocontrol minors required by law, and the other is based on the protection of theinterests of victims. Theoretically speaking, the guardian responsibility exists becauseof the property, rights and obligations of civil liability consistent and equitableresponsibility.The fourth part is the guardian of the responsibility for improving the system’srecommendations. First of all, no-fault liability guardian should change the nature ofresponsibility into a presumption of fault liability, secondly, increasing theresponsibility of the dominant position of being the ward, and should review the faultof ward was at in the case, and rules should be more clearly defined provisions of thelaw, which will not create confusion in the course of judicial practice.