Study On The Responsibility Of Guardians

The guardian’s responsibility assumed by the guardian due to the guardian’s infringement has been widely debated in the civil law community since the enactment of the Tort Liability Law of the country.It generally follows the provisions of the General Principles of the Civil Law on guardian tort,but the nature of the liability And the interpretation of the principle of imputation are still controversial.Compared with the general liability for tort,where the fault is the component of liability and the subject of the act is the responsible subject,to ensure the legitimate rights and interests of the infringed person,the legislator can better perform the guardianship responsibility.The guardian’s responsibility is considered as a whole,and a separate responsibility system is established between the behavior and the subject of responsibility.However,whether in theory or judicial practice,the nature of the responsibility of the guardian and its principle of imputation remain unclear,the subject of the responsibility still needs to be determined,and the scope of the responsibility of the guardian cannot be confirmed.In fact,China’s current law does not provide for a tort liability capacity system.The guardian should be specially protected by law because he does not have the full capacity for civil conduct.The guardian’s responsibility is the responsibility arising from the special relationship of guardianship.It does not take the fault of the guardian as an element of responsibility,which is a typical no-fault liability.The guardian is responsible for the damage caused by the guardian.When the guardian cannot make full compensation for the damage with all personal property,the guardian is responsible for the remaining compensation,which is a typical supplementary responsibility.First,the article starts with the subject of guardian responsibility.Based on the clues of the guardian’s responsibility,it is clear that the guardian has certain rationality as the subject of responsibility.At the same time,based on the premise that the guardian is the subject of responsibility,further analysis is made on the issues that the guardian is unclear.Through the method of system interpretation,discuss the rules of guardian determination in different situations and the determination of the subject of responsibility when the guardianship responsibilities are entrusted to others,and find out the direction for the further correct application of guardianship responsibilities.Secondly,the article analyzes the specific rules of responsibility of the guardian.The comparative analysis method is adopted to focus on the principles and forms of responsibility of guardians.In the process of guardian responsibility,the main points that must be clear are the principle of liability and the form of responsibility.Based on the experience of extraterritorial legislation,the article explains the meaning of the legal provisions on guardian liability in China and uses the system to explain Methods to correctly understand the attribution principle of guardian responsibility.At the same time,based on the principle of guardian liability attribution being clear,the form of responsibility of the guardian is discussed,and the purpose of this method is combined with the legislative value orientation of the guardianship system and tort law of our country.Carry out detailed discussions to comprehensively grasp the specific rules applicable to the responsibility of guardians.Finally,the article clarified the scope of the guardian’s responsibility with the point of defense as the starting point.Based on the premise that the applicable rules of the guardian’s responsibility are clear,the scope of the guardian’s responsibility is explored in-depth,and the specific scope of the guardian’s responsibility is comprehensively analyzed with the defense as the starting point.Aiming at the application of the two general defenses of negligence and the behavior of third parties in the responsibility of guardians,the specific conditions and legal effects of the application are analyzed.And given the special defense cause of fulfilling the guardianship duties,the standards were discussed.By criticizing the objective criteria of "causing damage",the subjective criteria of "Failure to prevent damage under guardianship" were confirmed,thereby clarifying the range of responsibilities that a guardian should assume when fulfilling his guardianship duties and failing to do so.