我国现有法律中只有刑事责任能力和民事行为能力而回避了侵权责任能力。但侵权责任能力却是承认过错主观性逻辑下必然面临的问题。在实践中,法院判断监护人责任时也会关心被监护人是否有识别能力,此时是否引入责任能力的概念将会影响结论。通过引入责任能力对被监护人的行为进行判断,一方面有利于责任的辨明,另一方面有利于未成年人的人格培养,保护其健康成长,是我国立法、释法与司法中值得考虑的方向。 The existing law of our country only has the capacity of criminal responsibility and civil conduct and avoids the ability of tort liability. However, the ability of tort liability is an inevitable problem under the subjective logic of admitting fault. In practice, the court also cares about the guardian’s ability to recognize when judging the guardian’s responsibility. Whether or not to introduce the concept of responsibility at this time will affect the conclusion. To judge the behavior of the guardians through the introduction of the responsibility ability is not only conducive to the identification of responsibilities on the one hand, but also to the development of the personality of minors in order to protect their healthy growth, which is worth considering in the legislation, interpretation and judicature of our country .