Study On The Liability Of Minors To Cause Damage To People

The research on the responsibility in the Tort by the juvenile is an indispensible part for the consummation of the Tort theory in China.For juveniles,assuming the liability has its specialty because their cognitive competences to a large degree various in different growth stage.When the law is closely concerned with juveniles who representing for the future of both China and its people,it must be enacted reasonable enough to make juveniles believe its fairness and justice.For this,we should not only emphasize on protection for victims,but also rationalize the assuming of liability,achieving a balance among kinds of interest entities.The incomplete and ambiguous problems existing in the Article 32 of the Tort law have aroused widespread controversies in the academic field,which can be divided into three groups: first,a lack of responsibility system in the Tort causes many scholars to assert that the juvenile whether to take responsibility or not is depended on his property,which has no theoretical basis at all;second,the regulation that guardians should assume the liability denies juveniles' self-responsibility which instead is imposed on the guardians themselves,which is illogical;third,there is still no specific laws and regulations about the responsibility allocation in the Tort.Thus,based on the literature review on the rules in the Tort by the juvenile at home and abroad,this paper intends to give some tentative proposals.In the first place,after a detailed introduction about the Tort by a juvenile and an reorganization of foreign laws and regulations,it,weighing pros and cons,points out that we should establish a set of responsibility system in the Tort by borrowing some experience from Germany.Then,it,from the perspective of juveniles,puts out necessary causes for undertaking the due obligations and meanwhile pays attention to place reasonable restrictions on the responsibility in the Tort by the juvenile out of protection for juveniles and the principle of justice.Next,for juveniles,on the one hand,haven't obtained the ability for shouldering responsibilities,it's improper for them to make compensations materially or mentally for victims under the circumstance that there is an absence of guardians.On the other hand,it's unreasonable to shift all the crimes committed by juveniles to their guardians.So it becomes essential to clarify the principles of liability between the guardian and the juvenile.Through this,this paper inclines to figure out some irrationalities and provides relative improvements for the laws and regulations.Finally,in order to achieve a balance among entities,we should make clear different roles played by the guardian and the juvenile and make a rational arrangement for the responsibility allocation.