The Study On The Causality In The Domain Of Civil Right Infringement Responsibility

It is increasingly important that the causal relation theory constitutes the essential element as the right infringement responsibility. In this respect, the overseas legal science has already made a quite deep research and applied to the judicial practice. Although argument is still continuing, a certain common opinions has been reached in many substantive aspects. Simultaneously, it has already affected many Chinese scholars in the theory judicial field, however, it is still far from judicature practice and the legislation. Therefore, it is necessary to make a study on the causal relationships in the domain of civil right infringement responsibility. This article launches the elaboration from the following four aspects:The first section begins with the theory basis of the causal relations, and makes a thoroughly discussion on the subjectivity and objectivity, the two big characteristics that the causal relations in infringement responsibility possess, but in the philosophy the causal relation emphatically studies the characteristics of the objectivity. In addition, this paper has conducted a study on the research object, research goal, the judgment of social value and the causal natures of the two kinds of causal relations to elaborate unique connotations in the infringement responsibility.The second section has conducted a more comprehensive and thorough research on recognizing theory of the causal relation of present facts in the various countries. The condition theory is one of influential theories in the mainland legal system. But because the condition theory regards factual causal relations as the complete contents of the causal relation, there exists expanding of the responsibility unsuitable, then followed by the causal theory, which advocates the discrimination of reason and the condition as well as discrimination of the reason power in the various reasons. The reason theory is difficult to differentiate the reason and the condition in many occasions, and lacks the consideration on the factors of laws and regulations, then it is insufficient to be alone to become the principle of the recognition in the fact causal relation. The essential condition rules and the substantive essential factor rules are the two main principles in the English America legal system, also are widely accepted as the two main principles in the recognition of the factual causal relations. The essential condition theory is the authoritative theory suitable to the recognition of the sole causal relation. But the theory of substantive essential factor is suitable for the factual recognition of the duplicate causal relation.The third section introduces and analyzes the existing recognizing theory and puts emphasis on the foresighted theory of English America legal system, the theory of quite causal relations and the theory of laws and regulations goal the in mainland legal system.The fourth section discusses the above theory synthesis in contrast narration, shows that there is a uniformity in thought mode of judging, the rules of judging and the flexibility of the principles. This section has made a conclusion and judgment on the development and introduction of causal relation theory in the infringement responsibility and thinks that the condition and cause should not be differentiated. The theory of causal relations has been catching more and more attention in our country. Then a conclusion has been drawn: the recognition of the causal relations should adopt the mode of "one-divides-into-two "of the overseas. In fact, the causal relation should use the essential condition theory and the special infringement field should adopt causal relation estimation theory; In the law the causal relation should use the laws and regulations goal said for focus and the direct result theory, the suitable causal relation said, may the foresight say for the auxiliary pattern.