Analysis Of The Article 32 Of The Law Of Torts

All of these days we regard the persons with no capacity for civil acts or the persons with limited capacity for civil acts as a special group, and we made a special regulation, guardian liability system, for the damage caused by their infringement. It was initially prescribed in Article 133 in General Principles of Civil Law for guardian liability system, which has been one major point of contention. After the implement of the Law of Tort, the academics reach consensus that Article 32 make little progress as for Article 133.By analyzing the Article 32 of The Law of Torts, this thesis aims to do research on system of guardian's torts liability, to indicate the shortcoming of existing law, and to put forward a proposal for improvement according to a comparative law study. Apart from the introduction and the conclusion, the thesis can be divided into five chapters.The foreword introduces the reason on why the author chooses this topic and its significance. It refers to a hot topic and difficulty among scholars about guardian liability system.The first chapter expounds the legislative process of the Article 32 of The Law of Torts, after eight years of discussion and a procession of failed drafts.The second chapter elaborates the Guardian torts responsibility which is stipulates in the Article 32. It includes the principle of imputation applied in guardian liability system, the responsibility constitution and so on.In the third chapter,the author points out the shortcomings about the Article 32, such as without person under guardianship in the responsibility subject and the inappropriate principle of imputation.The forth part reviews of comparative law on guardian's torts liability. The author concentrates on the point that the previous part mentions and sum up the advantages at the end of part.The fifth chapter raises a proposal according to the scholars drafts that written by Liang Huixing, Zhang Xinbao, Wang Liming, Ma Changhua and so on.The last part is the summary of the whole thesis plus personal views.