Reconsideration On The Theories Of Causation In Tort Law

In our legislation of tort, after scholars debate that tort liability is the core issue in tort law and gradually form a consensus. Of tort legislation, most scholars are inclined to use the title of Tort Liability Act. Comparison of cases and the doctrine of foreign legislation, the composition of civil liability in tort, both the traditional four elements of that (illegal and undermine the fact that a causal relationship and the subjective fault), said three elements (harm the fact that a causal relationship, and through no fault of the three elements) or have damage to the elements, a causal relationship between the elements of the elements of an offense, the capacity of the fault and responsibility of the Elements of the five elements that have a causal relationship, without exception, will be included in this element. Although tort law does not specify the composition of the elements of civil liability, but the causal relationship between the infringement of civil liability as a basic and necessary elements of one of the law has been fully affirmed by the Supreme People's Court adopted the judicial interpretation, to guide the practice of the national judicial trial.Modern society abide by the principle of responsibility to themselves and thus to determine a causal relationship between the tort liability has become the primary factor in the establishment, especially with the modern principles of tort liability diversified elements of the role of fault weakening or even disappearing, the assumed causal relationship, such as number of functions, the existence of a causal relationship between the tort liability almost absolute elements of the establishment or not. But at the same time, very few have written code in order to give the definition of a causal relationship is reflected in its complex difficult to reasonable norms, and thus, for a causal relationship to the theoretical study of the judicial sector and the broad leaves of the space. In this paper, the conditions for a causal relationship between the theory that the reason that the causal relationship rather that the causal link between the fact and proximate cause (legal causation), such as the evolution of a comb, and a causal relationship to the theory of Two Legal mainly a review of theory, from a causal relationship with other elements of tort liability, as well as the relationship between the causal relationship between the function of bearing theory, the role of a study on China's hope that the forthcoming legislation Tort Liability of the construction of a causal relationship has been beneficial.