Research On The Subject Of Tort Liability For Damage Caused By Minors

This thesis will discuss the possible subjects of responsibility for damages caused by minors,and try to analyze the theoretical basis of different subjects of responsibility for damages caused by minors.In addition,I will analyze how to improve the relevant norms and systems by combining the current legislative situation,judicial practice and social policies in China.Based on the above research ideas,this thesis is divided into three parts,except for the introduction and conclusion.The first part explores the responsibility of minors as responsible subjects who should assume their own responsibility.This part discusses the civil liability capacity system as the theoretical basis,and argues that our legislation actually adopts the liability capacity system combining the capacity to act and the capacity to property.But this model is not effective in curbing the occurrence of tort,and is not conducive to the healthy growth of minors.This thesis argues that a civil liability capacity system combining abstract age and specific identification capacity should be established,and on this basis,a different standard of fault from that of adults should be applied.The second part discusses the understanding and application of the norms when the guardian is the subject of responsibility under the damage caused by a minor.This chapter first discusses the rationale for tort law to hold guardians responsible for the actions of minors,i.e.,that parents should perform their guardianship duties in a timely manner under the guardianship doctrine.Subsequently,the thesis considers the nature of guardianship liability and the principles of imputation,and argues that the current guardianship liability in China belongs to the broad sense of vicarious liability,no-fault liability where there are mitigating factors,and supplementary liability under the minor having personal property.By comparing and analyzing different doctrines and domestic and foreign legislation,this thesis argues that the principle of presumption of fault is more in line with China’s current situation,and that the choice of this model can,to a certain extent,avoid imposing an unfair burden on the guardians under the current imperfect foundation of the insurance system.The third part discusses the responsibility subjects other than the minors themselves and guardians under the tort of minors.As to the subject of abetting and aiding minors to commit torts,this article believes that the court should be careful to determine whether the guardian is at fault at the level of legal application,in order to avoid imposing too severe a burden of responsibility on the guardian.The scope of responsibility of the entrusted guardian should be determined according to the fault of the entrusted guardian and the causal force between the fault and the damage result.For temporary guardians,considering that they do not have the corresponding kinship relationship with the minor,they should be subject to a different degree of diminished liability than the legal first guardian.In the case where the educational institution is the subject of liability,the limits of the educational institution’s liability are limited to the claim of the claimant and its own fault,and are not determined by the responsibility of the minor or the guardian.