我国法律规定:有财产的未成年人对他人造成损害的承担无过错损害赔偿责任,该规定存在许多不合理之处。使未成年人对造成他人损害承担过错损害赔偿责任,且不论其财产状况如何,能更好的平衡各方的利益,同时有利于未成年人健康成长,更符合世界各国的通行做法。对其过错认定应采“同龄理性人”客观过错标准。 According to Chinese law, there are many unreasonable provisions in the provision of liability for no fault damage to the liability of minors who have assets to cause damage to others. To enable minors to assume liability for damages caused by others’ damages and to balance the interests of all parties better, regardless of their property status, and at the same time be conducive to the healthy growth of minors and more in line with the common practice of all countries in the world. Their fault identification should be taken “same age rational person ” objective error standard.