A Research On The Responsibility In The Tort By A Juvenile

Persons with no capacity for civil acts or the persons with limited capacity forcivil acts mainly contained the juvenile and the mental patients.This paperinvestigated the Tort by a juvenile.Article32of the Tort Law is the basic rule toregulate such special group’s tort liability. When they cause the damage of otherpersons,the guardians should assume the liability for the damage no matter whetherthey has fulfill their guardianship duties or not.If the juvenile has his own property,heshould take the tort liability at the first place.When he can’t compensate for all theloss, his guardian then should assume the liability for compensation.The paper includes four chapters. Chapter one is mainly concerned thelimitations of article32.First,the basis of the juvenile whether to take liability or not isdecided on his property which conflicts the standard to affirm infringement.Second,inarticle32,the guardian should take liability in two ways based on different principle ofliability which conflicts. Third,there are still issues about the liability relevancebetween the juvenile and the guardian.So,to clear the entity and the nature and theprinciples of liability is necessary and important.Chapter two focuses on the juvenile.The legislation of our country shouldconsider to establish the capacity of liability which contains certain standards. Chapter three focuses on the guardian.It draws a conclusion that guardians’liability should based on his fault.And the duties of guardians are based on thesupervising and the guardianship. If is,both the right of the victim’s and the guardian’scan be well protected.Chapter four focuses the responsibility sharing between the juvenile and theguardian in one case. The guardian shall also assume the liability, even if his child hashis own property.And the impartial principle may be applied under some very specailsituations.