The Tort Liability Of The Guardian In The Minor Injury

The minor is every country focus groups,in recent years,in our country minor damages caused by incidents continue to occur;the whole society is shocking behind it constantly thinking of how to solve this problem.In fact,no matter from which angle analysis,the research of this problem is always around the topic of the guardian.From a legal point of view,the problems about the nature of the guardian liability and the principle of liability attribution,always in the academic circles lack a consistent understanding,China's relevant laws and regulations about the liability of the guardian is also difficult to adapt to the changes of modern society and the contemporary characteristics of minors,therefore,From a legal point of view,it is necessary for us to make a deep analysis and discussion on the liability of guardians in the damage caused by minors,in order to achieve good results.In this paper,not only use some relevant legal knowledge,but also use the comparative analysis,literature review and theory analysis methods,starting from the related theories of guardians' liability,connect to the actual situation of guardians' liability in our country,finally put forward a series of improvement measures to the relevant system of our country.There are six parts in this paper:The first part to the fourth part:Analysis of the relevant legal issues related to the guardian's liability theory.First of all,analyses he should bear the tort liability,this paper argues that the liability has three aspects accordance;Secondly,the nature of the responsibility and some related theoretical basis are analyzed and summarized,considers that the guardian should be responsible for his own responsibility on the basis of the violation of the duty of guardianship;And then,it studies the special constitution of the liability of the guardian,this paper believes that it includes four aspects;Finally,the relationship between the guardian and the minor responsibility is analyzed,mainly take into account the connection problem.The fifth part:Analysis of the relevant legal provisions in the guardian's liability and some problems in this.Firstly,the legislative background of this problem is described,on this basis;the current relevant legal provisions were interpreted,and thus sum up some of the problems here.The sixth part:on the basis of the first few parts of study,finally,it puts forward a series of suggestions to improve the system of the liability of the guardian in our country.The first is to distinguish between paternity and guardianship,it is also based on the comprehensive consideration of the foreign experience and the actual situation of our country,this distinction is more favorable for the protection of minors;the second is to change the principle of responsibility of the guardian,the relevant provisions of our country not only to the responsible person is quite harsh also does not accord with the relevant law theory,simultaneously,defined its status in the litigation of minor infringement cases;finally,the property has no longer as the standard of responsibility of minors,consideration of the relevant provisions of the minor's fault,this is bound to the trend of the entire tort law,at the same time,to further reduce the burden on the guardian,exploring the combination of national guardianship and guardianship,play a huge role in public power,and take national guardianship as the leading in order to better regulate the guardianship of the guardian.