Research On The Capacity Of The Tort Liability

Capacity of the tort liability, a civil capacity, is the premise and foundation for the tort-feasors to take the responsibility for the tort liability. According to the theory of the capacity of tort liability, there is no doubt that tort-feasors with full tort liability should be responsible for the damages caused by himself. However, whether tort-feasors without full tort liability should be responsible for his (her) deeds and the corresponding criteria. There exists a huge differences. In which,Continental law system divided the capacity of the tort liability into two parts:including the Germany mode and the France mode. Contrary to the Germany mode, in which it concedes the particularity of the teenagers and mental patients’ capacity of the tort liability, the France mode does not admit the particularity of the teenagers and mental patients’ capacity of the tort liability. It perceives that even the teenagers and mental patients should be responsible for his (her) deeds. Although there do not exist any legitimate articles in the common law system, it do really forms a series of the relative system in the process of the judicial practices.It is also a hot topic in our Chinese academic world in terms of the content, criteria, significance of the capacity of tort liability. What’s more, concerning the dispute of the capacity for the tort liability, our Chinese legitimate department refuse to admit the system. Instead, it perceives that the capacity of the tort liability should be contained in the capacity of civil conduct, which has caused a series of problems. Under this circumstance, by comparing the distinctions between the capacity of tort liability and other civil liability, focusing on the different rules of the capacity of tort liability in different countries and regions,especially when the tort-feasors is teenagers,a conclusion is conducted that capacity of tort liability is the premise and foundation of taking responsibility for the damages. While the social background of fault objectivity is not the sound reason of denying the capacity of the tort liability. Although there exists some flaw of the tort liability, it is compensable by improving the guardian liability of tort-feasors without tort liability, the equitable liability of the wealthy tort-feasors without tort liability and the corresponding social welfare.The dissertation is composed of four parts. The first part mainly concerns about the content and nature of the capacity of the tort liability. What’s more, it also refers to the relationships between the capacity of the tort liability and the capacity of civil conduct and the capacity of private rights. The second part mainly focuses on the diverse legitimate mode of the capacity of the tort liability by means of comparing the concerned countries both in the common law countries and the continental law countries, which, as a result, can pave the way for our country to introduce the capacity of the tort liability. The third part mainly focuses on the current situation of the responsibility of the teenagers in our country’s legal system, at the same time, analyzing and making a comment on the defects and shortcomings of our country’s current legitimate mode. The fourth part mainly concerns about the indigenization of the capacity of the tort liability,putting forward that when we introduce the system, we should, at the same time, set up the corresponding system, including but not limited:the guardian’s responsibility of the teenagers without the capacity of the tort liability, the equity responsibility of the teenagers with enough fortunes and the social welfare system of the corresponding situation to deal with the defect and the shortcomings of the capacity of the tort liability.