Research On The Liability Of Chinese Minors For Tort

The tort liability of minors occupies an important position in the field of tort law.Since the minor’s mind is not mature enough,the perspective of seeing things is not comprehensive enough.In order to ensure the healthy growth of minors,special measures need to be taken to protect them.Because the guardians are the closest to their relationship,the law has established a system of guardians,giving guardians the responsibility for supervision,education,and protection so that guardians can better protect minors.With the rapid progress of society,minors are becoming increasingly involved in social life,and the frequent occurrence of minors’ infringement cases will involve the responsibility for who is responsible for such infringement cases,how to bear them,minor infringers,guardians and victims.How to balance the rights of the three parties.In addition,in the minor liability infringement system,minors’ liability for tort liability is the core issue to be solved.This issue also needs to be addressed from the principle of liability fixation and responsibility assumptions.However,these regulations in China are more general and controversial.Therefore,it is necessary to refer to the legislative examples of various countries to explore the liability system for minors’ torts,identify deficiencies and propose improvements.The main body of this article consists of four chapters except for the introduction and the postscript.The first chapter simply puts forward some problems in the liability of minors in China,and then introduces the discussion and research of this article.The first is the basic theory of juvenile infringement and tort liability.Beginning with minors’ infringement,this paper analyzes the connotation and nature of minors’ liability for tort,and lays the foundation for establishing the system of minor tort liability ability.The second chapter examines the legislation of juvenile tort liability through comparative law inspection.Through the introduction and interpretation of the legislation of our country and the study of the legislative provisions of the two major legal systems outside the territory,we explore the legislative models of representation in different countries and regions.The establishment of the system of juvenile infringement liability meets the trend of the world.On the other hand,it has implications for China’s system of recognizing the liability of minors for tort liability.The third chapter is the key chapter of this article.To establish and improve the liability system for minors’ tort liability,the ability to infringe on liability is an unavoidable issue.Through the provisions on the ability of minors to infringe liability,the way of liability and other aspects,and the academic community’s comparison of these different perspectives,it is concluded that this paper should be established.The juvenile tort liability ability system views,in the judgment standards of the four kinds of infringement liability ability,should select the criterion for judging the ability to identify.The responsibility for minors’ liability for tort liability revolves around the responsibility of the minor’s own responsibility and the guardian’s responsibility,and puts forward his views on the principle of liability for the two types of liability,the applicable doctrine,and so on,and makes a foreshadowing of the recommendations in the fourth chapter.Through the description and discussion of the status quo in the first three chapters,the content of the fourth chapter is summed up,that is,to find out in detail the inadequacy of the legislation on the liability of minors in China,to put forward a single way of assuming liability,and that the principle of imputation is not persuasive.The legislative examples and different doctrines that were explored adopted valuable experience and combined with the actual situation in China to find a feasible method.