Research On The Responsibility Of Minors For Human Infringement

When complete civil capacity people cause the infringement,they will shoulder the responsibility according to the article 6 and article 7 of the tort law,but minors as imperfect person of civil action competence,are a special group,when they cause the infringement,the responsibility he will shoulder is stipulated in article 32 of the tort law.The author found that,when reading the case in practice,the judges of applicable methods,which is not consistent.The author thinks that the reason for this is that the judges for the understanding of the "tort law" article 32 each are not identical,and in theory also does not have the authority of a reasonable explanation.So in this paper,based on the analysis of the existing explain the basis,the author will put forward a new method of interpretation,and hope can be helpful to practice.This article is divided into three parts altogether.The first part is problem putting forward.In this part the author will introduce the three representative cases,by analyzing the reason,the judge in the judgment is putting forward in practice for underage people violate the problem of the responsibility of judgment,and then the author will introduce the problem of the present legislation in our country as well as scholars relevant legislative suggestions.The second part,the author will analysis some problems of the existing explanations of the tort liability law article 32,including the interpretation of traffic and explanations which are different from the common method putting forward by the scholars.The main problems of the common explanations are five parts: first,completely denied the responsibility of minors;Second,the relationship between responsibility and fault is fuzzy;Third,by guardian rights and interests of property damage;Fourth,the "property" of rational by guardian free action is restricted;Fifth,the legal status of the guardian is contradictory.The third part,the author will present my own understanding of the law,and hope to be able to avoid some problems of the passage explanations in under the premise of specification conforming to the behavior system.The author also hope can make a reasonable explanation for the tort liability law article 3,in order to solve various problems occurred in practice when minors cause infringement based on the balancing the interests of the parties.