Study On Civil Liability For Damages Caused By Minors

Due to the minor's development of physical and mental is immature, the lawsvest the guardians the responsibilities of discipline and supervision and the schools'obligations of the education and management respectively, in order to protect theminors growth and to prevent the damage caused to others. However, once the minorcauses damage to others, it may involve minors, guardians and schools on the issue ofhow to bear the civil liabilities, which are the issues this thesis wants to discuss.In addition to the introduction and conclusion, the thesis is divided into threeparts.In the part of introduction, through analysis of a case, the author makes aconclusion that there are many differences among the traditional civil law countriesand regions upon the civil liability system of minors causing damages to others.Firstly, in the civil law of our country, there is the same between the liability ofcapacity in infringement and the capacity for civil conduct in civil juristic acts, whichactually result in the minors who have the ability to identify constitutingnon-infringement. However, the minor bears the civil liabilityaccording to whether hepossesses the property or not. Secondly, it is vague about liability doctrine of theguardians to undertake infringement responsibility in our country's civil law, which isa special kind of no-fault liability. Thirdly, the law does not clearly define theallocation of burden of proof about the schools bearing the fault liability. Chapter I discusses the civil liability which the minor shall bear when the minorcauses damages to others. The author defines the relationship among the recognitioncapability, narrow-sense capacity to act and the capability for responsibility, and thenthe author obtains point for the minor to undertake the tort liability is his recognitioncapability. Our country's civil law deals with the capability for responsibility as therecognition-capability standard, thus requests the minor to undertake the infringementresponsibility, which adapts with his recognition judgment ability.Chapter II discusses the civil liability the guardian shall bear in the case of the minorcausing damages to others. The author considers that the guardian undertakes theirown responsibilities, and should bear the individual liability as the doctrine ofpresumptive wrongs and joint liabilitywith the minor as the tort liabilityand equitableliability. These are in line with the norms of modern tort law system, and protect thevictims to obtain relief, and need not to take the doctrine of no-fault liability.Chapter III discusses the civil liability the schools shall bear in the case of theminor causing damages to others. The author considers that the schools also bear theirown liability, that is, they violate their education responsibilityfor the management, inthe doctrine of liability fixation, it shall mainly use the doctrine of liability for wrongs,complemented by the doctrine of presumptive wrongs and equitable liability,moreover, the schools and the minor students and guardians may constitutecontributory infringement, which shall bear joint and several obligation to external,and share the liability internal to their own fault extent and the size of causes.In the conclusion, the author explains the existing law of our country according to theviews obtained from the thesis, and hopes that the unexplained need to be amended insubsequent legislation.