Civil Liability Caused By The Torts Of Person Under Guardianship

Civil liability caused by the torts of person under guardianship mainly refers to the liability for damage.There are some differences between countries or regions of the world with respect to that civil liability.Civil law countries and common law system also hold different viewpoints about the problem.The legal provisions related to the torts of person under guardianship mainly exist in the General Rule of Civil Law and Tort Liability Law in the Chinese Mainland.According to the legislative history,the legal provisions related to the torts of person under guardianship are abundant in variation.The enact of the General Rule of Civil Law gets the legal provisions aforesaid be stable.Nevertheless,the legal provisions related to the torts of person under guardianship have been debated widely by scholars since the Tort Liability Law went into effect.Both Guardian and person under guardianship shall bear fault liability is considered as the mainstream of the legislation based on the legislation of countries or regions of the world. On the basis of learning the legislative and judicial experience of comparative law and considering Chinese Mainland’s social economic status and the problems born in the judicial,Chinese Mainland should go on sticking to the principle that guardian shall assume no-fault liability and appropriately revise the legal provisions related to the torts of person under guardianship.If the person under guardianship who has no the ability of identification and control commits a tort to cause damage to another,the guardian shall bear liability for tort.If the guardian has done his duty of guardianship,liability for tort could be reduced.If the victim can’t acquire compensations from the guardian,the person under guardianship shall bear fair liability.The faulty person under guardianship shall bear joint and several liability together with the guardian.On the relationship between internal responsibility,the faulty person under guardianship and the guardian shall bear liability for tort according to the respective fault degree.If the person under guardianship is instigated or assisted by the others,the responsibility relationship among the three that are person under guardianship,guardianand the abetter or assistor should also be made a corresponding change.