In Civil Injury Compensation Case's Causal Relation Question Research

At present, in dealing with civil damages in most cases, the courts must go through the process of analysising causal relationship, it is a more complicated legal but no clearly defined issues. How to judge a causal relationship between the practice of the correct behavior and the damagement, in order to give parties appropriate judicial Remedies legally, that is important to justice. However, there is no a unified, workable standard in the current theory and the practice. By researching changes of causal relationship between civil law, the writer tries to give expositions to how to determine and define causal relationship with analysis of the specific cases. By learning from advanced foreign experience, the writer proposes related rules, for exzmple, "Without" rules, real factors rules, predictability rules and so on, to build a new judge model of causal relationship from two aspects of fact and law, which points out that there is no absolutely Standards, it usually determined by facts, integrated logic, the general social experience, justice, policy and decision precedent. Whether to bear tort responsibility is mainly decided to the fault but not causal relationship in China, it can not adaptat to modern tort law. Therefor it is wrote to change the situation, protect personal rights, fairness and justice.In addition to the preamble and the conclusion, this paper is divided into three chapters.The fist chapter notes methods of judgement and the status of causal relationship in our traditional civil trial, finds out that the necessarily causal relationship theory confused the causal relationship in philosophy and law, so it is unscientific. Conversely, the appropriate causal relationship is reasonable.The second chapter is mainly on the appropriate causal relationship, which includes judgements on fact and value, researchs on the standards and applyment of the appropriate causal relationship in China, points out its defects.The last chapter a more complete judgement theory will be pointed out,by researching on the rules of judgement of causal relationship and the advanced experience of foreign countries, construct a relatively complete system of the judgement. In conclusion, the writer points out that only by continuously absorbing advanced experience, can we distinguish responsibility in order to achieve fairness and justice.