未成年人侵权责任承担之立法考量

Legislative Considerations on Juveniles' Taking Responsibilities for Tort

近年来,未成年人侵权事件频发,我国立法又凸显出未成年人侵权方面的不足,过多考虑受害人的利益保护,缺乏对未成年人侵权责任能力及归责原则的法律评价,一味采用监护人无过错的替代责任,致使未成年人侵权责任的追究与受害人利益保护之间未能达到平衡。立法应基于自由意志理论,明确未成年人可作为侵权责任的独立承担主体及过错归责原则、损害赔偿来源等相关内容。

In recent years, there have been frequent tort events by juveniles. Chinese legislation shows obvious lack in the regulations against tort events by juveniles. We have considered too much about protecting victims＇ rights, but lack have not conducted evaluation on juvenile＇s ability to take responsibilities for tort as well as the principles for judging legal responsibilities, we have merely focused on supervisors＇ no-fauh responsibility, which has caused the unbalance between the investigation of juveniles＇ tort responsibilities and the protection of victims＇ interests. Legislation should be based on the theory of free will, and we should make clear the following content, including juveniles＇ being able to independently take tort responsibilities, principles for judging legal responsibilities, and sources for compensation, and so on.