The Research On Causation In Tort Law

As an essential element in tort liability, the causation plays a very important role undoubtedly. The continental law and common law have explored for many years in this area and have made some beneficial theories. But in China ,we didn't pay too much attention because of the influence by the theory of necessary causality from former Soviet. In recent years, a few scholars have tried to introduce the theories abroad, but this is limited to summary, lack of thorough research. It blocks the progress on tort law and is far from meeting the needs of judicial practice. Therefore, it is necessary and imperious to do some thorough and effective research on it. Besides the preface and epilogue, the whole dissertation has been divided into five chapters. And the structure of this dissertation is as follows:In the preface, the author gives a picture of the plight in which the research on causation in tort law now is, and by which brings the topic of this dissertation .In chapterâ… , the author makes a definition of the causation in tort law by comparing it with the causation in philosophy. Section 1 points out that the theory in philosophy can give guidance to the causation in tort law, but cannot substitute for the latter. In section 2, the author differentiates the cause and the condition and concludes the content of causation in tort law. In section 3, the comparison has been made among the breach of law, fault and the causation in tort law.In chapterâ…¡, the author discusses the theories of continent law and common law. Section 1 makes an introduction to and criticisms on those major theories in causation-in-fact and causation-in-law. In section 2, the author focus on the two popular theories, the theory of pseudocausality and the theory of purpose of regulations. In section 3, some similarities has been made between the two legal system on causation theory.In chapterâ…¢,the author suggests we should recognize the new viewpoint while persisting dichotomy in causation. In section 1, the author puts forward the new idea that the cause-in-fact is not just the fact issue and the cause-in-law is an instrument of public policy. But the author insists the dichotomy out of the respect for custom. In section 2, some problems have been solved under substantial factor test in factual causation, and some points have been noticed in proving the factual causation. In section3, the author puts forward the modified foreseeability rule to limit the power of judger. Meanwhile, under this theory, the author discusses some special situations. In chapterâ…£, the author makes a discussion in the difficulties. Section 1 emphasizes the legal effect based on the kinds of intervening cause. In section 2, the problems in the scope of liability due to multi-causes are to be solved.In the final chapter, the author proposes some beneficial ideas in reconstructing the theoretical system of causation in tort law in China. In section 1, the author makes a review in the history and present situation in theory and practice. In section 2, the author recommends some ideas while establishing the relevant system .In the epilogue, the author draws a conclusion about the basic opinions of this dissertation in hope of being beneficial to the research on causation in China.