监护人的替代责任

On the Vicarious Liability of Guardians

替代责任是侵权责任形态理论中的重要内容,它是指基于特定关系,一方对另一方的侵权行为所承担的法律责任。而监护人的责任在我国现行法中是替代责任的一种主要形式,文章运用民法的基本理论,从比较法与实证法的角度对监护人的责任深入分析,以此为基础,对未来民法典关于监护人的替代责任的规定提出意见。

The vicarious liability means that the person is liable to the reparation for injury caused by the tortfeasor holding the special relationship to him. It is an important part of the theory of the shapes of tortious liability. The responsibility of guardians is a main form of the vicarious liability in the positive law in China. Exercising the basic theory of civil law and deeply studying from angle of the positive law and comparative law, the author advances his own view of the vicarious liability of guardians to the legislation of the liability in civil law.