The Research On Causality In The Liability Of Tort

Research on the causality, which is considered as an important content in the history of philosophy, has never stopped. Most civil jurist agree to consider causality as one of the key constitutive requirements of tort liability. Generally, as the causality in philosophy is different from that in tort liability, the principle of the causality in philosophy should not simply applied to that in tort liability. After the World War II, the two theories of causality in tort liability in two legal Systems-- Anglo-American Legal System and Continental Legal System---tend to get closer to each other. However, it's hard to tell which one is better than the other. As for China, the transplant of its theory of causality in tort liability from foreign theories is dependent on its legal system and academic environment, that is, the legal transplant of general approach of the tort liability causality's determination should take into account of the particularity of China's history and reality. So it's our current main task to draw lessons from the essence of the theory of causality in tort liability, to ensure that such theory of Continental Legal System can follow by that of Anglo-American Legal System well, and to keep it developing. Based on Chinese current theory of adequate causality, whether a doer's behavior is likely to produce results should depend on the fact whether the doer's behavior increases the risk of damage or not, and then it can be made clear whether the behavior is the reason of the damage. What's more, with the rapid development of science and technology, the incidents of tort liability are becoming more and more complicated. For instance, large vicious infringement cases such as "Sanlu Milk Powder Incident" are emerging now and then. Therefore the theory of eide enterprise liability in Common Law System should also be used for reference to protect the legal rights of victims.