Analysis of the Liability Principle of Guardians in Article 1188 of the Civil code

Abstract: The imputation principle of guardian's responsibility stipulated in Article 1188 of the Civil code is not clear. The academic community has debated whether the imputation principle is fault presumption responsibility or Strict liability since the era of the General Principles of Civil Law. Although the mainstream view holds that the guardian's responsibility is Strict liability. This article attempts to focus on the legislative purpose of this article, and with the help of the research results of Comparative law, to prove that the guardian's responsibility is the responsibility of fault presumption, and fault presumption is in line with China's national conditions. Finally, it proposes relevant paths to assist the judicial practice of this article.