高校在校学生行为能力的法律适用问题

The Issue of Legal Application of Conduct Capability of University Students

高校学生从年龄上看,属于完全民事行为能力人,但由于其没有经济收入,在我国现行法律体制下,不能完全剥夺自然人的财产,则这类自然人若作为一类单纯的责任自负民事责任主体对受害人明显不公平。目前我国民法对该类人的侵权行为之后果规定为由抚养人垫付,然则垫付之意思表示为何和抚养人之范围并无明文规定,需对这类情况进行说明解释。结合代理与监护制度,分析法律规定之高校学生的民事行为能力与普通完全民事行为能力的区别,说明此类人侵权后的责任主体范围以及承担责任的范围。

From the age of university students, they are capable of full civil conduct, but due to the fact that they do not have economic income, and that in Chinas current legal system the property of the natural person is not to be entirely deprived of, it will apparently be unfair to the victim to treat in this class of natural person as pure principal part to be responsible for their own behavior. Currently, Chinas civil law stipulates that the sequence by the behavior of this class of natural persons is to be temporarily paid by their guardians. But the definition of 'temporarily paying' and the range of 'guardians' are not proclaimed in writing, therefore the further explanations being necessary to analyze, with the consideration of acting and guarding system, the difference between legally stipulated civil conduct capability of university students and the common capability of full civil conduct, and to explain the range of principal part and rang of responsibility of such class of natural persons in case they have tort behavior.