Research On The Causation In Tort Law

Apart from strict liability, causation is one of necessary conditions in tort law in the various countries. It has important practical value, but also full of strong philosophical thought simultaneously. No matter in theory or in judicial practice, the law of causation is one of the most focus in the areas. The various countries' jurist has conducted the massive fruitful research to the causal relation question, and established many beneficial theories, but up to now still neither the project can resolve that problem carefully. Our current research on the causation is still very backward, essentially limited to the surface research on some foreign theories, have not yet formed any stereotypes of that. This is doubtless disadvantageous in research and development of our infringement behavior method and can not adapts to the needs of justice in practice. In particular, with China's Civil Code has been on the agenda, it is necessary and urgent to make more effective research on the causation.This article besides the introduction and the conclusion, altogether divides into four chapters, the article structure as follows:The introduction gives a brief review on the recently research of the causation and initially points out its necessity of further studies.Chapter one is a general description about the concept of causation. There are two sections in this chapter. In section one, the author first philosophical defines the meaning of causation, then pointed out there are four aspects in it's contents. Section two comes to the concept in the foundation of philosophical concept and with combing its own characteristics: the causal link between the damage facts and human behavior / its related objects.