Analysis, Tort Causation Theory As Many Angles

The research of causation in tort is a classic and difficult academic focus in the field of civil law, there are very famous representative theories in both common- law system and civil–law system. Since China had experienced a quite long time of feudal society, there was almost no difference between civil law and criminal law. Besides, criminal law had a more important place in the whole system. After the revolution of 1911, the German and the Japanese civil law had been introduced to China, but no vital developments occurred in our own legal system. When New China established, the Soviet legal system was overwhelming. Latter , due to some historical reasons, the research and the practice of Chinese civil law was interrupted. During the late 1970's, the western civil law theories were valued and discussed warmly again by domestic scholars. But the legislation of torts evolved slowly because of our country's special situation, the relative provisions had been put in the"General Principles of the Civil Law of The People's Republic of China"for over 20 years. Though"Tort Liability Law of the People's Republic of China"was promulgated with effect on 1 July 2010, we still should have a basic knowledge of the theory background after the provisions if we want to apply the law well. So viewing from the spot of causation in torts , together with the rich cases, I hope to get some achievements in this field.To mention about the causation theory , it's research in philosophy should not be neglected. Indeed, we could not call philosophy"the science of science", but it summarizes, generalizes and recollects the problems of major subjects, providing instructions to the research of these subjects. There were quite a few philosophers thinking about causation, the earliest ones could be traced back to the time of ancient Rome and ancient Greek. The famous philosophers such as David Hume (the skepticism of causation) John Mackie("INUS"condition) provided their own methodologies. But the abstraction of philosophy research will easily make us confused, yet their essences still have vitality.In concrete subjects except law, the debates of causation were found in such as logic and economics. I introduce them in my dissertation not only to energize the theory but also to make the foundation for the research of causation in torts.In the research of causation in torts, the"bifurcated approaches"in common-law system and the"foreseeability test"in civil-law system are the mainstream theories in the world. They both have their own characteristics and yield many branches, moreover, the two theories are becoming closer now. By comparing the two theories and reading classic cases, we can have a clear impression of tort. I have also made some initial researches of the highlighted problems of causation in torts, such as necessary theory and contingency theory; the difference between cause and condition; the debate in causal potency.In the end , I will look back to the situation of the practice of this theory in our country and give some advice to the application of causation theory of medical tort cases in our life.