Explore The Causal Relationship Of Tort Liability

Causation is a concept in the field of philosophy which means relationships between the cause and the result. Causation in the law is basically far from causation in the science of philosophy. The essential purpose of causation in tort law is to determine the undertaking of the liability and the scope of the liability. The scholars of civil law legal system divided causation of tort law into causation relating to the establishment of tort liability and causation deciding the scope of tort liability. While common law legal system divided it into causation in fact and causation in law. This paper examine causation in tort law resorting to the bifurcated approach to problems of causation, and propose to inherit corresponding legislations when we draft tort law.This paper includes four parts following below: part one focuses on the general analysis of causation in tort law. By comparative method. This part disclose the special feature of causation in tort law which is much different from causation in the field of philosophy, criminal law and contract law.Part two comment on causation in fact. Recently, some scholars claim causation in fact from common law legal system almost equate to causation relating is the establishment of tort liability from civil law legal system. This paper holds the opinion that the basic doctrine of causation in fact is condition sine qua non. Part three is about causation in law. It corresponds to causation deciding the scope of tort liability in civil law legal system In addition, the paper comments on other kind of perspectives.Part four examines causation in tort law in china, introduces the development of causation in tort law in Chinese academic circle, and advocates the outcome of theoretical research should closely guide the practice of law.