The Discussion About The Theory Of Causality During The Law Of Tort

The causality during the law of tort, one requisite of liability for tort, it not solely logical. It is of much complexity because it adds too much actual consideration from judges or lawyers. Then the study on academic theory is also unlimited. Besides, the written law all over the world does not definitely fix the concept and basic connotation of causality. Therefore, the causality about the law of tort has become a quite knotty and unavoidable problem of the world.In the thesis, starting with the concept of the causality during the law of tort, through reviewing the history of the concept of causality, the definition of causality during modern law of tort was definitely putted forward. That is to say, the causality during the law of tort indicates objective relation of action and thing of human together with facts of injury, rather than objective relation of unlawful practice and facts of injury, Next based on review and comparison of several present main doctrines, the situation of China and judicial practice, the position of pseudocausality was definitely begged in the law of tort in our country. The pseudocausality's gist of possible was enunciated from some aspects of its- philosophical foundations, improving of theory and functional location of the law of tort Then its ultimate denotative was further discussed, pseudocausality was divided into pseudocausalit's possible of responsibility and pseudocausality's terms of responsibility, it provided a explicit frame of reference for judicial practice. At last, during the legislative suggestion, the advantages of importing pseudocausality were analyzed. That is tosay, it is favorable to maximal protection of the victim's legal rights, is favorable to better solution for judge's frame of reference, is favorable to clear structural system of laws. At same time., the defect itself in the concept of pseudocausality was analyzed, it very well lead to lengthen causal relation chain, frame of reference didn't concrete and go against confirmation compensate terms of actor with reason, etc. the defect in the concept of pseudocausaity must reasonable sove by utilizating legal system about faults and reasons. In this thersis, from some aspects of method of the whole law of tort, perfect and norm the causality during the law of tort and compensate principles in the law of tort, how to construct concrete legal system of the law of tort was discussed. By discussing the theory on causality, the causality on the law of tort up to the situation of China will be constructed, and the corresponding definite legal system on the law of tort will be perfected.