Study On Proximate Cause Theory And Its Application On Analysis Of Legal Cause About Collision Of Ships In China

Legal cause about collision of Ships belongs to law of tort causality,but has unique characteristic.The study of the causality in law of liability for tort at the present China lags behind,basically limited to the simple introductions of some foreign theories,having not formed a causality identification theory.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.For a long period,our country adopts the theory of inevitable causality in the problem of tort law,this causality theory is impractical and has lots of abuses,and hasn't been adopted in our law.All these lead to the ideas of different court about the cases of causation are not the same.When analysis the legal cause about collision of Ships,the proximate cause theory is an accuracy and precise theory.Maritime legislation in China has a strong Anglo-American law logos background,and Under the trend of amalgamation of two law systems,the proximate cause theory and its application on analysis of legal cause about collision of Ships in China is A problem which is worth to explore.The first part of the thesis mainly introduces the ties and differences between the two law systems,as the the insertion point the full text.First,divideing causality into two parts is accepted by both law systems.Then sum up three-point differences between the two law systems.They are the degree of importance about Case,the logical relationship about negligence and causation and varying degrees of legal rules and principles.The purpose of this part is toanalysis the ties and differences between the two law systems,and Aimed at the adoption of the theory of causal relationship between the two law systems and Search for the theoretica background and the possibility of "proximate cause" theory blend in the tort law in our country.The following chapter begins with the concept of proximate cause,introduces what is proximate cause and what is the principle of proximate,such as "but for" clause,unforeseen principle and the interrupt cause that broken causal chain.This part will be cited in next part.The third part of the thesis use the proximate cause theory to analyze three groups typical case,highlighting the practicality of the "proximate cause" theory.The Cases including ship collision Case occurred in China with complex legal cause which is difficult to judge in judicial practice. The fourth chapter of this thesis is about the Analysis of relative uniformity about the proximate cause theory.This part expounds Maritime legislation in China has a strong Anglo-American law logos background and the trend of amalgamation of two law systems.In order to expound the possibility of using the theory to analysis the legal cause about collision of Ships in China.The last chapter of this thesis Comes to a conclusion.In the light of the practicality of the proximate cause theory in analysis the legal cause about collision of Ships,legislation should be taken in our country.The thesis tries to give the author's opinion about the matter.