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Research On Causal Relationship Of Tort Law Of Common Law

Posted on:2009-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:L X NiuFull Text:PDF
GTID:2166360245986720Subject:Law
Abstract/Summary:PDF Full Text Request
Causality problem has always been the focus of Tort Law and has troubled the Legal Practice Sector and scholars for long time. There are two major reasons that lead to the causality theory bewilderment. First, the causality theory of Tort Law in our country has long been affected by the Soviet Union and is no longer suitable for the current situation. On the other hand, no matter Common Law or Civil Law, there are too many doctrines about causality theory. When it comes to resolve the conflict between objectivity and sociality that exists in causality theory judgment, there would be too many doctrines on this problem and no uniform standards could be referenced. So there's still long way to go to build our own causality theory. In the case of sticking to the using of causality elements as prerequisite to determine illegal acts, the author proposes using "Dichotomy" thinking model to reconstruct our causality theory.
Keywords/Search Tags:causal relationship, legal causal relationship, the fact causal relationship
PDF Full Text Request
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