Research On The Guardian Substitute Liability For Juvenile Tort

China's economic and social life rapid development of today,and minors participate in the social activities more and more.But minors are a state of growth,intelligence is not mature yet,so lack of awareness the social consequences of their own behavior,and implementation of violations legitimate rights of others.In recent years,a number of juvenile tort cases has shown in our country,and the infringing forms are becoming more diversified.According to the relevant provisions of our law,in the juvenile infringement,and bear tort liability is the guardian,the guardian of their custody under their juvenile bear tort liability.There are many ambiguities in the system of substitute liability for juvenile torturers in our country law,and the law is relatively rude and flawed.It is too harsh and unfair to minors' guardians,leading the guardian too limit minor's free development and space,seriously affected the minors healthy growth.About the substitute responsibility for guardian,has the relevant provisions article 32 of the Tort Liability act,but which is more mechanical,general and operational,so that in the theory or practice has exists so many shortcomings and deficiencies.This paper analyzes the problems of guardian's substitute liability in our country's legislation,expounds the legal definition of the guardian's substitute responsibility for the tort of juvenile.By comparing provisions of the foreign law in the substitute liability of the guardian's,and finally to make recommendations for the substitute responsibility of guardian systemThis paper including four parts:The first part is about the related theory of the substitute liability in the guardian of the minors.That is definition,characteristic,in principle of imputation and defenses substitute liability.The second part is the comparison and reference on civil liability in foreign minor guardian.in order to reference scientifically and improve the substitute liability in minors guardian in China.we introduce and compared the substitute legislation of minors guardian in the USA,Britain,Japan,Germany,Netherlands and Italy.The third part mainly analyzed the present situation and existing problems of the guardian's responsibility system in China.The main problem is that the provisions of the current legislation on minors guardian of substitute liability is not perfect,and shortcomings of the supporting system.The fourth part is advice for improving legal system of substitute liability in minor guardian.In view of the above problems,combined with foreign useful experience,put forward to perfect the system of the substitute responsibility for minor.