The tort liability of the person under guardianship is implemented in the thirtysecond article of the Tort Liability Law. At present there are still a lot of disputes about the nature of the liability of the ward’s tort liability and the principle of attribution in the theoretical research and judicial practice.Based on the improvement of the legislation on the tort liability of the ward,firstly we should construct the system of liability ability to judge whether the ward has the ability to identify or not.Secondly,it is clear that the theoretical foundation of guardian’s responsibility is the violation of his own guardianship obligation, which belongs to his own responsibility in nature and based on the particularity of his identity,which should adopt the principle of presumption of fault in the principle of attribution.Finally,in order to provide adequate relief to the victim,when the victim cannot obtain compensation according to the above provisions,the principle of fairness shall be introduced into the financial situation of the guardian,the person under guardianship, and the victim and certain remedies shall be granted to the victim.