A Comparative Study On The Parental Liability System Of Minor Children's Infringement Between China And The United States

The study of the tort liability of the guardian of the minor's behavior is a topic that has attracted much attention in the study of modern law.This article will explore what kind of parental liability parents should take when a minor cause damage.The reason why parents are the object of discussion is because the relationship between parents and the child is the most special than other guardians.Regardless of whether the child is in life or education,parents have great decision power and influence.The difficulty of parental legislation as the most special and universal guardian lies in how to find the most suitable legal value in family law and tort law.The current norms of parental liability in China are mainly derived from the undifferentiated guardian responsibilities regulated by Article 32 of the Tort Liability Act.However,at present our country's legislation on this clause is very mechanical,general,and operability is not strong,so that there are many defects and deficiencies in both theoretical explanation and judicial practice.This article will compare the parental liability system of minor children in China and the United States,summarizing the existing controversy and confusion of parental liability norms in our country,and draw lessons from the excellent experience of American law,and put forward practical and useful opinions for the improvement of China's system.In addition to the introduction and the conclusion,this article is divided into four parts:The first part introduces the legal structure and operation of the parental liability system in China.This part mainly introduces our country's parental liability system through two aspects:firstly,it analyzes in detail the legislative norms of Article 32,paragraphs 1 and 2 of the "Law on Tort Liability Act" in China,clarifying that the principle of liability for parental liability in our country applies strict liability and the parental liability of the property infringement upon minors is essentially a supplementary responsibility;secondly,the operation of the parental liability in the judicial practice in China is introduced,and the existing problems in the judicial practice in China are understood.The second part introduces the historical evolution and legal structure of the parental liability system in the United States.This part mainly elaborates that the responsibility of parents in the United States has gone through three stages of traditional common law,traditional common law exception development,and state statute law.It is clear that the core of American parents' responsibility assumption rules cannot be shaken is fault liability,and the basis of minor liability is because of negligent.The third part compares and analyzes the legal structure of parental liability system in China and the United States.This part mainly starts from the three aspects of the principle of attribution of parental liability,the determination of parental guardianship obligations and the impact of the responsibility of minors on parental responsibilities,and compares the parental liability system between China and the United States.It also analyzes the problems existing in China's liability system and the outstanding experience that the US liability system is worth learning from.The fourth part is the suggestions for improving the parental liability system in our country.This section proposes practical and feasible suggestions for the existing problems of the parental liability system in our country.It mainly consists of four aspects:separate parental liability from the guardian's responsibility;establish parent's fault presumption responsibility,and establish the content and judgment path of parental supervision obligation;establish the tort liability ability of the minor and realize the independence of parental liability;in order to achieve maximum fairness,reconstruct parental liability norms.