Causation Of Personal Injury Compensation Study

For a long time, causation theory has been augured and longs for being settled in academic circle. As one of the basic factors of the system of liability-fixation in torts law, and "the most perplexing problem for judge" in tort law practice, it can't settle the practical problems successfully. If the causation theory can't reasonably explain the complicated cases, it isn't a success. So, facing jumbled causation theory, legal circle should put research causation in the trial practice first, not inventing new theories premeditatedly. The problem of study causation theory is to study that how the judge and should the judge maintain causation.The paper doesn't aim at explaining clearly the causation theory, but aims at facing the problems in practice through giving up the attitude of escaping the judicial practice and complicated cases,and giving up the efforts to make anemia concept system. And it aims at viewing the maneuverability of maintaining standard of causation by means of chance that Chinese law change to judicial fixation. The paper uses 27 typical personal damage compensation cases published by the "Supreme People's Court Gazette" from 1985 to 2009 as the material and uses the judgment reason of court as the start of study, making classified investigation on the 27 typical cases one by one, and studies types as a whole, compare types of maintaining standards of causation and the difficulties. Through analyzing the legal process of court maintaining causation, the most helpful standard can be got and the practical problem can be settled down.The paper has no newer and deeper opinion for such a maintaining causation theory of personal damage compensation flashing with wisdom rays and appearing as wonderful colors. There are some unique characteristics on the study angles and methods and the used material. The whole paper is the experience of empirical study, typical study as well as system study.rely on these methods, angles and clues; this paper focuses on the following main viewpoints.Introduction section begins with putting forward the problem, on the basis of document summary, introducing the study clues, composing system, study methods,and significance of choosing the title.first, the paper sets start from the same details but the different results of the two cases published by the highest court, comes up with the problem the paper will study the empirical causation.then, summarizes the maintaining standards of causation home and abroad, and the relationship among liability-fixation, wrong,illegal and damages, and analyses the cause of the disorder of causation. And then, this section introduces the logical organization and system of the paper, as well as three main study methods. At last, this section explores the significance of choosing the title and value of the study.Section one "investigations on cases pointing out causation in judgment", starting from the judgment reason, this section spreads out the judgment reason of 13 cases which have confirmed causation in judgment first, and then unscrambles judgment reason of the confirming part. According to the maintaining standard of causation for each case, the cases are divided into six categories and investigated individually. This section comes to analysis on application of causation and predictability, application of limitation of liability, maintenance of positive causation, judgment of equivalent causation, investigation on the purpose of regulation and presumption of causation. We find out a series of standards that maintain causation by court in legal practice, and provide foundation for formation of maintaining standard system of causation.Section two "investigations on cases not pointing out causation in judgment". This section spreads out the judgment reason of 13 cases which haven't confirmed causation in judgment first, and then unscrambles judgment reason of the confirming part. We find out causation confirmations in some of cases are in accordance with the confirmation of fault, it's hard to differentiate the other parts and illegal Dade and damage judgment. For what reason? Causation continues or substitute functions of fault and illegal Dade? Section three in the paper will answer the question.Section three "causation confirmation of personal damage compensation—reviewing causation by 27typical cases". This section emphases that causation study should face trial at first, Secondly analyzes the current situation that court maintains causation of all kinds of personal damage compensation, classifies 27 typical cases in seven types under standard of characteristics, and compares maintaining standards, finding out that the court adopts different standards on the same type, but exist same standard in different types. And then investigates the course of maintaining personal damage compensation, finding out course of causation is the unit of fact judgment and legal value judgment. At last,it comes up with the formation of personal damage compensation causation standard system. In the system, five standards should provide definite guide for judicial practice. The court should choose proper standard according to concrete conditions.Conclusions" section, by empirical legal studies, the full text has concluded that:causation is to be consistently involved in liability-fixation issues. Liability-fixation can not be completed solely by causation, but with other systems. Moreover, a single standard of causation can not be a satisfactory solution to the problem of liability-fixation, five standard of causation are identified as a system, court should choose proper standard according to concrete conditions.