无民事行为能力人(本文简称无能力人)、限制民事行为能力人(本文简称限能力人)因实施侵权行为造成他人损害的,法律规定由监护人[包括特定情况下负有一定监护职责的单位(下同)如学校]承担民事责任。在这里,由于实施侵权行为的是无能力人或限制能力人,而民事责任却由他们的监护人承担,侵权行为的实施者与民事责任的承担者出现了分离现象,由此引出一个问题,即在这类纠纷的案件中,谁是合格的被告?对此,实践中大体上有三种不同的观点: Where a person has no capacity for civil conduct (referred to as an incompetent person in this text) or a person with limited capacity for civil conduct (hereinafter referred to as a limited capacity person) causes damage to others due to the infringement of the act, the law provides that the guardian (including the unit that has certain guardianship responsibilities under certain circumstances (The same below) such as schools] bear civil liability. Herein, since infringers are incompetent or restrained, civil liability is borne by their guardians, and there is a separation between the perpetrators of infringement and the undertakers of civil liability, which leads to a question In this type of dispute case, who is a qualified defendant? There are, in practice, three different points of view: