Liability In The Case Of Infringement By The Ward

In the case of infringement by the ward,the guardian bears his own responsibility,and the basis of recognition is his legal guardianship responsibility.The guardianship responsibility stipulated in Paragraph 1 of Article 32 is no-fault liability with the cause of reduction of liability.Meanwhile,China's legislation has not established the system of civil liability capacity.Article 32 does not stipulate the liability composition of the ward,and there is no room for the application of vicarious responsibility.The guardian is not jointly and severally liable with the ward,the litigation status of the joint defendant cannot change the conclusion that the guardian is the only responsible subject,and the guardian is both the legal agent and the defendant is illogical in a procedural law.For the infringed party,the indemnity obligor is the guardian.In terms of the source of internal indemnity expenses,the equitable responsibility of the ward will be initiated under certain circumstances to share losses.Future legislation in China is still not establishing the system of civil liability ability.The compromise is to adjust the guardian responsibility cognizance rules according to the type of the guardian and the ward,and to refine the application of equitable responsibility of the ward,in order to better balance the interests among the ward,the guardian and the infringed party.