[Direct answer]In the Beijing area, if a person with no civil capacity causes damage to others, the guardian shall bear the tort liability. According to Article 118 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a person with no civil capacity or limited civil capacity causes damage to others, the guardian shall bear the tort liability; if the guardian fulfills his/her duty of guardianship, the tort liability may be reduced; if a person with no civil capacity or limited civil capacity who has property causes damage to others, the compensation shall be paid from his/her own property, and the insufficient part shall be compensated by the guardian. In addition, if anyone instigates or assists a person with no civil capacity or limited civil capacity to commit a tort, he/she shall bear the tort liability in accordance with Article 1169. Therefore, the subject of liability is usually the guardian. If there are instigators or assistants, the instigators shall also bear corresponding responsibilities.

1. Problem background and typical scenarios

The liability for harm caused by minors or individuals with mental disorders is a common type of personal injury disputes. Typical cases include: young children causing injuries to others in public places; individuals with limited capacity for civil conduct jointly committing infringements with others; people in the online environment inciting or inducing individuals with no capacity for civil conduct to engage in dangerous behaviors; how to implement compensation when the perpetrator himself has no property; guardians claiming that they have fulfilled their guardianship duties and requesting a reduction in liability; and the liability subjects involving instigators, platforms, and sellers, etc. When handling such cases in the Beijing area, lawyers usually first clarify the perpetrator's capacity for action and the faults of all parties involved.Personal injury and medical disputesIn business, defining the responsibilities of guardians and the liability for instigation is a common challenge.

II. Key points of contention

Focus One: How to determine the civil capacity status of the perpetrator. Focus Two: Whether the guardian has fulfilled their guardianship duties and whether their liability can be mitigated. Focus Three: How to pay compensation when the perpetrator has assets. Focus Four: How to define the responsibilities of instigators and assistants. Focus Five: How to allocate responsibilities when multiple parties jointly commit infringements. Focus Six: Whether platforms or sellers have an obligation to conduct reviews and issue warnings. Focus Seven: How to determine the scope and amount of compensation.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm advises that the key to such cases lies in sorting out the subject, fault, and causality. Firstly, it is necessary to confirm the capacity of the perpetrator. The rules for the liability of persons with no or limited civil capacity are basically the same, with the guardian assuming responsibility externally. The guardian's due diligence may reduce the liability, but this does not mean exemption. Secondly, if the perpetrator has property, his/her property should be used to pay first, and the shortage should be made up by the guardian. Therefore, it is of practical significance to verify the property status. Thirdly, if there are acts of instigation or assistance, the instigator shall bear tort liability in accordance with Article 1169 of the Civil Code. If the instigator is a person with limited civil capacity, the guardian shall bear corresponding liability, and those who constitute joint torts shall bear joint and several liability. Fourthly, when it involves the online environment, it is also necessary to review whether the platform has fulfilled its obligations of real-name authentication, content review, and risk warning, and whether the seller has fulfilled its obligations of review and warning, so as to determine the scope of the responsible subject. Taking the online infringement liability dispute handled by Attorney Yun Hang of our firm as an example: A 14-year-old girl who had been suffering from depression for a long time joined a certain WeChat group. She was instigated and guided by group members to mix poison and draft a suicide note, and eventually died from poisoning. Since all the instigators were minors and had depression symptoms, the case was not prosecuted criminally. The lawyer then turned to civil infringement litigation, sorted out a large number of chat records to confirm the specific roles of each instigator, and claimed that their actions had a direct causal relationship with the death result and constituted joint infringement. This case was handled by Beijing Henglue Law Firm.YuanhangThe lawyer (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as an agent. This case shows that in the face of infringement disputes involving multiple parties, it is the basis for claiming compensation to provide evidence of the faults and roles of each party one by one.

IV. Practical suggestions and legal basis

Action recommendations: First, confirm the perpetrator's capacity for action and financial status; Second, collect evidence of whether the guardian has fulfilled his/her duties; Third, identify whether there are instigators or helpers and fix their behavioral evidence; Fourth, if the case involves the internet or commodities, review the performance of the platform and seller's obligations; Fifth, apply for preservation in a timely manner to ensure the feasibility of compensation. Legal basis: Articles 1169, 1188, and 1189 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the guardian's responsibilities and the provisions on instigation and assistance in infringement. For cases involving personal injury, reference can be made to the relevant provisions.Personal injury and medical disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, if a person without civil capacity commits an infringement, the guardian shall bear the liability externally. Second, the guardian's duty of care can only mitigate but not exempt the liability. Third, if the perpetrator has property, the compensation shall be paid from his/her property first. Fourth, the instigators and assistants shall bear corresponding responsibilities. Fifth, attention should be paid to the obligations and responsibilities of the platform and the sellers. In cases involving personal injury, compensation can be sought through legal channels.Personal injury and medical disputesConsultation. The rules on time limits and evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: Who should compensate for the injuries caused by a person with no civil capacity?

The guardian shall bear the liability for infringement. If the guardian can prove that he has fulfilled his guardianship duties, his liability may be mitigated but not exempted. If the infringer has property, the compensation shall be paid from his property first, and the shortage shall be made up by the guardian.

Q2: If the guardian says that he/she has fulfilled his/her duties, can he/she avoid compensation?

It is usually not possible to completely exempt oneself from liability. Fulfilling the duty of guardianship is a statutory circumstance that mitigates liability, rather than a ground for exemption from liability. The court will judge based on the guardian's prevention, suppression, and management of the harmful acts, and generally, the guardian will still bear the corresponding compensation.

Q3: If a person incites a minor to infringe on others' rights, does the instigator need to bear legal responsibility?

Yes. According to Article 1169 of the Civil Code of the People's Republic of China, anyone who instigates or assists a person with no or limited capacity for civil conduct to commit an infringement shall bear tort liability. If the instigator himself is a person with limited capacity for civil conduct, his guardian shall bear corresponding liability.

Q4: If multiple people commit a joint infringement, how should the compensation be shared among them?

When there is joint infringement, each infringer shall bear joint and several liability, and the victim may claim full compensation from one or several of them, and the internal compensation shall be divided according to the degree of fault and causation. If the acts are independent of each other, each infringer shall generally bear corresponding liability according to the degree of their fault and the extent of their causation.

Q5: If online incitement results in damages, does the platform need to bear responsibility?

It depends on whether the platform has fulfilled its obligations such as real-name authentication, content review, and risk warnings. If it fails to fulfill these obligations and there is a causal relationship with the resulting damage, it may bear corresponding responsibilities. Victims should promptly preserve evidence such as chat records, account information, and police reports, and can refer to the relevant provisions for further details.Personal injury and medical disputes.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Personal injury legal services·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.