Research On The Tort Liability Of Minors In China

Minors’ tort liability is an important issue in the field of tort liability.With the promulgation and implementation of the tort liability law,the provisions relating to the liability for tort of minors not only inherit the basic criteria in the general rules of civil law,but also point out that the tort liability of the relevant people in the minors’ tort can be identified from the guardian angle.As minors are the special subject of tort,and in the minors’ tort,how to judge the performance of the guardian’s duties is very important,so minors’tort liability are very different with general tort liability in responsibility identification and responsibility bearing.Minors are the groups with limited or no capacity for civil conduct.Limited to the age and intelligence and life experience,minors often lack the identification ability and self-control ability and compensation ability,and these factors always lead to that some problems which are in the findings and responsibility undertaken of the minors’ tort can’t be solved.In the minors’ tort cases,it is very important to identify the responsibilities of the minors,guardians and other related people.How to ensure that the victims can get compensations,the minors can be educated,the guardians will pay more attention to the duties of guardianship and balance the interests of them,these questions have become the current research focuses.I adopt the method of linking theory with practice to analyze these problems,through the analysis of relevant legislation at home and abroad,combined with judicial practice in China,I researched the subject of minors’tort liability,the principles of imputation and the guardian’s liability reduction,and give some suggestions for the improvement of relevant legislation in ChinaBesides the introduction and conclusion,this paper has four parts.The contents of each part are as follows:The first part is a summary of the minors’ tort liability.At first it gives the related concepts of the minors’ tort,and then it gives the present situation of the minors’ tort at home and abroad from three aspects:the subject of minors’ tort liability,the principles of imputation and the guardian’s liability reduction,Finally,combining with some typical cases of minors’ tort,this part analyze the actual problems which are still existing in the minors’ tort in China.The second part mainly discusses the liability subjects of minors’ tort.Firstly,this part summarize the liability subjectsof minors’ tort,and then analyze the questions which are still exist in the liability subjects of minors’tort,at last this part puts forward some suggestions to improve the provisions of the liability subjects of minors’ tort.For example,to stipulate that minors can be the subject of tort liabilityThe third part discusses the imputation principles of the minor’s tort.This part summarizes the main viewpoints of the imputation principles for minors’ tort liability,and put forward some suggestions to improve the principles of imputation.The fourth part mainly discusses the reduction of the guardian’s responsibility.This part mainly analyze the questions which still exist in the reduction of the guardian’s responsibility,then put forward some suggestions to improve the provisions of the guardian’s responsibility reduction.For example,to increase some situations which apply to the reduction of the guardian’s liability in the minor’s tort,and give some specific criteria for judging whether the guardian perform the duty of guardianship or not.