A Study Of The Liability Of Guardian On Minor's Tort

Taking the article 32 of Tort Liability Law as the object of study,this paper argues the guardians liability to minors through organizing the rules of the comparative study.In addition to the introduction and conclusion,this paper is divided into four chapters.The introduction expounds the reason and realistic significance of this selected topic,and puts forward the controversial issues of the system in academic research.The chapter one analyzes the legitimacy that guardians take responsibility through narrating respectively three kinds of theoretical basis and exploring it from the perspective of law.The chapter two introduces the comparative law of guardian liability,from different legal systems to analyze the nature and imputation of the guardian's liability,so as to provide a reference for the analysis of guardian liability of our country.Chapter three mainly discusses paragraph 1 and 2 of Article 32 of Tort Liability Law,points out that our country's guardian liability is no-fault liability through the explanation of paragraph one.In addition,this chapter takes a qualitative analysis to paragraph 2 through the analysis of the relationship between the first and second paragraph,which indicates that the minor is not the subject of liability.Chapter four proposes the suggestions on the regulation of guardian liability in our country in the future,which claims that guardian liability shall adopt fault presumption principle.In view of the defects of the second paragraph of article 32,this chapter points out that the system of tort liability ability should be improved,which could take the abstract and concrete standards to determine whether minors are liable with reference to the provisions of the continental legal system.Meanwhile,the chapter suggests it is better to achieve the relief to the patentee by increasing equitable liability.The conclusion further summarizes the views of this paper,which is to realize the fairness and justice of law through clearly improving the legal system of guardian liability.