On The Minor's Own Responsibility For Damage

China’s civil law theory,positive law and judicial practice has long been focus attention on the guardian of the body to deal with the responsibility of the damage caused by minors,and rarely consider independent value of minors’ responsibility.Further research on the minors’ responsibility not only can improve the system of tort liability of minors,but also help to correctly allocate the responsibility caused by minors in the judicial practice.This paper will focus on solving the problem of whether or not minors can take own responsibility and how to take their own responsibility.The first analyze the value and foundation of the responsibility of minors’ infringement,and then break through the theoretical limitations and obstacles in practice,the last design the rules of should however of the minors’ responsibility of their infringement.First,the minors’ responsibility of their infringement not only respect the minors’subject qualification,but also can correct and prevent the act of minors’ infringement,can remedy the victims of loss and reduce the burden of the guardian,So as to realize the balance of the interests of minors,guardians and victims,These values cannot be replaced by the guardian’s responsibility.In addition,the countries of the two legal systems didn’t completely exclude the minor’s own responsibility.Moreover,the positive law of our country affirms the responsibility of minors and the judicial practice admits the main responsibility of minors to some extent.Second,the traditional view holds that the value of the limitation of the minors’ civil liability capacity is to protect the person who has no capability of identity from the law impugnment,and the basic logic is that the minors have no capability of identity,so there is no fault and no responsibility.However,the value of civil liability capacity to protect is not compatible with the function of the tort liability.And its logic has its fallacies,the objectification of fault separates the inevitable logic of the identification ability and the fault,and the diversification of the imputation principle and the liability forms lead to that fault elements are not necessary.In addition,the minor’s own responsibility depends on his fault,not his civil liability capacity.Third,minors’ responsibility of their infringement has been criticized by minors’property payment barriers in the practice.However,there is no absolute barrier to the property of minors,even if the lack of compensation for minors is not their exemption excuses.And the non-property responsibility is not affected by the barrier of the minors’ property capacity.In addition,the liability insurance can enhance the property capacity of minors,the expansion of.the application of the responsibility of payment on account system can also be used as a safeguard for the exclusion of the barrier of minors’ payment.Fourth,the imputation principle of the minors’ responsibility of their infringement is not a single one,and the general tort and special tort should be treated differently.The judgment criteria of the minor’s fault should adopt "the rationality of the general minor,and the reasonable of the adult".The judgment standard of the minor’s fault should adopt "the rationality of the general minor,and the reasonable standard of the adult".The specific rules of minors’ responsibility of their infringement should be classified into special and general tort rules according to the differences of the imputation principles.In addition,minors should bear the responsibility of stop infringement,remove obstruction,eliminate danger,and return the property that has nothing to do with the imputation principle.