Exploration Of The Guardian's Responsibility

The guardian's responsibility originates from the "lawsuit of abandonment" in Roman law,which has a deep historical foundation.With the development of modern democratic society,the concept of freedom,equality and rationality is deeply rooted in the hearts of people,which also changes the theoretical basis of the traditional guardian responsibility system.Article 133 of the general principles of civil law of China and article 32 of tort liability law stipulate guardians' liability system,but its provisions are too vague and the interests are out of balance,resulting in many disputes on its interpretation.Based on the analysis of the guardian responsibility nature,imputation principle,constitutive requirements,and responsibility form of the guardian's responsibility system in the comparative law,we explore the guardian responsibility in our country,in order to draw a reasonable analysis of the guardian responsibility in our country.In addition,there are many deficiencies in the rule of guardians' responsibility in China.This paper puts forward the rules of reasonable construction of guardians' responsibility on the basis of balancing the interests of the three parties.The introduction in this paper,through the case study in judicial practice,raises the main questions of the text;In the conclusion,the author summarizes the main ideas and suggestions.The main content of the article is the following three parts,namely the first chapter,the second chapter and the third chapter.The first chapter is about the basic theory of the guardian's responsibilities.This chapter mainly introduces the concept of guardians' responsibility,the historical evolution of guardians' responsibility and the nature of guardians' responsibility.Through the historical origin and development of the Chinese and foreign guardian's liability system,the characteristics of guardians' responsibility in different historicalperiods are obtained.The purpose is mainly to provide a theoretical foundation for the responsibility of the guardian below,which is convenient for the discussion below.The second chapter is about the responsibility of guardians.This chapter mainly discusses the problem of its responsibility constitution,which is the core problem of the guardian's responsibility.On the basis of distinguishing the principle of imputation of each country,the author classifies the constitutive elements of the guardian's responsibility,and concludes the imputation principle and the constitutive elements of the guardian's responsibility of our country.Moreover,the reasonable choice of the principle of responsibility imputation is obtained through analysis.The third chapter is about the undertaking of guardians' responsibility.This chapter mainly discusses the undertaking of responsibility after the establishment of responsibility,which is the final resting point of the guardian's responsibility system.From the perspective of comparative law,the responsibility of wards will affect the form of the guardian's responsibility and the specific commitment.Therefore,when analyzing the guardian's responsibility form,it is bound to involve the responsibility of the wards,which is related to the capacity of the responsibility.Through the definition of the connotation of the capacity of responsibility,it should be considered that under the background of law in China,the capacity of the responsibility is not stipulated.Therefore,the responsibility of the wards cannot be established,so the so-called "property standard" is only the regulation of the internal damage share between the guardian and the ward,the guardian is the sole responsibility body.In addition,the reason why guardian responsibility form around the article 32 is more controversial is that the guardian system in our country lacks capacity for responsibility and establish the property of the so-called standard,which does not conform to the traditional civil law legal system.Therefore,it is necessary to adopt the responsibility system and introduce the equity responsibility to perfect our guardian responsibility system.