Study On Causation Theory In Tort Law

The causation is one of the requisite conditions on which the tort liability is established. Whether in the fault liability or in the strict liability, the causation always is the indispensable element for the liability cognizance. Hence, the study on causation always is one of the important theses in the tort law. But, in the theory and practice, the causation is a dilemma making people feel confused in mind. Although the jurists in the various countries had done a great deal of research on the causation and obtained great achievement in this field, and many academic theories appear, until now, any solution can not be established to appropriately resolve such dilemma.In China, because of lacking the overall configuration and establishment on the tort law, the study on the causation theory in the tort law is laggard, and only limited to simply introduce some foreign theories, and at the same time, in the practice, the theory of necessary causation becomes the general theory for a long term. While trying the case, the judge always neglects the causation, or directly replaces the judgment on the causation with other elements, such as fault, etc. Therefore, it is very necessary and urgent to deeply and effectively study the causation in the tort law. In foreign, the dichotomy in the causation theory always is applied. In the civil law family countries, the scholars divide the causation into two levels of structures, causation in the liability establishment and causation in the liability scope, and in the liability cognizance, the cognizance on the causation in the liability establishment and cognizance on the causation in the liability scope are applied, too. In the common law family countries, according to their unique juror system, the cognizance on the causation can be divided into the cognizance on the causation in fact and cognizance on the legal causation. From these opinions, the tort liability is clearly specified and the scope of tort liability is limited. In order to perfect the system of law rule in China, we shall refer to the foreign dichotomy theory to apply the"Theory of Necessary Conditions"to define the causation in the liability establishment or the cause in fact, and apply the theories, such as"Theory of Proximate Causation", etc., to define the causation in the liability scope or legal causation.At last, the author wishes, by this paper, to provide a new perspective and feasible suggestions for perfecting the causation theory in the tort law in China, and accordingly, the objectives of precise causation cognizance, correct imputation and social equity can be achieved finally.