On The Causality Of Tort Liability

The thesis concludes four chapters. Its structure is as follows:The first part is the outline, namely basic theory part of causal relation. This part introduces briefly the philosophical basis on the causal relation, then explicitly expresses that cannot mechanically apply the causal relation theory in the philosophy to decision method. It has differentiated the causal relation question in the philosophy and the law and particularly tort liability in the tort law: the causal relation in tort liability has subjective and the objective characteristics, but in the philosophy the causal relation studies emphatically the objective law, mainly the objective characteristic. In addition, two kind of causal relations have some distinguishes in object of study, research goal, whether to have social value judgment aspects and so on.The second part introduces the causal relation theory in the continental system and anglo-american law system. Causation is divided into causation in the establishment of liability and causation in the extent of liability in the Continental Law. The former is the causal relation about"the reason fact"(injures behavior) with"the right violates", the latter is one between"the right is violated"and"the harm", In other words, in what conditions the inflicter should bear the responsibility and the injured party should get the compensation. On causal relation's recognizing, the condition theory is one which emerges most early. But because this theory has the tendency in reality to expand inappropriately the actor's legal liability, thus replaced by the suitable causal relation theory. The cognizance of the suitable causal relation can be divided into the condition relations and the equivalent judgment, The cognizance of the suitable causal relation mainly use the formula of"or, does not have", the equivalence judgment judges some behavior whether to increase the objective possibility which as a whole by the obvious way. According to the common theory, the theory of the laws and regulations goal is supplement to the one of the suitable causal relation, but is not to its denial. The theory of the laws and regulations goal believe that actor whether should take responsibility, does not because of suitable causal relation between the inquisition behavior and the harm, but should inquire into the significance and the goal of the related laws and regulations. anglo-american law divides the causal relation into the causal relation in fact and in law, the former is refers to whether the harm is firmly caused in fact by the actor, mainly determined by the formula of"or, does not have"and of the substantive essential factor. The latter mainly recognized whether the tortious conduct should be basis for responsibility, Its goal lies in determining responsibility scope of the actor, that is to say in what scope the actorer gives the compensation to victim's loss. The causal relation in the law, once used the direct result theory to be recognized that nowadays mainly through the foresee theory to recognize.The third part is one that mainly compares the similarities and differences of the causal relation about the two big legal system right infringement causal relation the similarities and differences, as well as carries on the analysis to its respective fit and unfit quality. Two big legal systems have similarities and differences between the causal relation and tort liability. The difference is that two big legal system differed in culture and institutions, legal background. The different points have three aspects: the method of jurisprudence, the historical origins, the research on the legal theory, and so on. The same points are analyzed on the six aspects. Firstly, the author introduced the understanding of the "possibility" of two big legal systems, also taking into account the philosophy of absolute and relative in nature. Secondly, two big legal systems have adopted the dichotomy. Thirdly, two big legal systems in the criteria for causality both used but-for test, especially in the fact-finding. Fourthly, in the grasp the scope of cover, both of which will be the legal value and legal policy as a value orientation. Fifthly, two big legal systems in order to facilitate the handling of technical aspects of the causality of law, using the principle of classified processing in order to facilitate reference to the judge when there is a simple and applicable standard. Finally, with the complicated socio-economic operations and diversification of the forms of thinking, two big legal systems in the application, forced two or more theories used in parallel, complementary situation of two big legal systems of causal theoretical model. The saving graces of two big legal systems are as follows: 1, the two legal systems both adopted two-step approach on the tour of observation of causality, effectively resolved the confusing contradictions which appears law appropriate of the legal value and the objective facts. 2, the use of Anglo-American tort law on the formation of causality method to solve the case, the legislative process in continental system is too complicated, too long and the shortcomings.The fourth part is about the comment and suggestion of the causal relation pattern on the tort liability in our own law. This part summarizes the causal relation theory about its development and introduction. Then draws the conclusion: that we should use the overseas mature way of dichotomy. The causal relation uses the essential condition theory and the substantive essential factor rule, special tort field use the presumption theory about the causal relation. The theory of the laws and regulations goal is should be used complementarily to the one of the suitable causal relation about causality of the tort liability. At the same time for China to establish the theory should be based on China's national conditions, China's judicial improvements can be said that just started, there are many weak conditions, which need a process, so the scholars should consider our country's capacity when introducing the theory.