Causation In Tort Law

As a component of tort law, causation has drawn much attention of scholars. There are lots of theories about it, but no one was so authority. What is causation, what is result, even the point that the way to judge causation which get the most attention is theory.In those cases I have been reading, none would be discussed without causation. Now research in China about it was lags behind, limited to introductions of some foreign theories, and still there is no theory of our own.The development of our own theory was follow soviet union, adequacy was not draw much attention until some scholars doubt the form theory.Though there are difference between both civil law and common law. But both systems were so familiar in the sprit of their law. They distinguish reason of fact and that of legal. This means that would not be solely accidental, it must be logical, contain rule in it.Compared with causal relationship, significant causal relationship is more rational, and accepted by many scholars since 1980s, but it depend much on the judges,there may objective be replaced by subjective, if the judge do not have much occupation.Legislation purpose theory aims to fix the significant causal relationship, everything was decided by rules, and there is no common sense of human being, no rational judge. now this theory was popular in German.Causative potency was one factor for deciding significant causal relationship. This theory focus on how much tort contributes to the result.This article is formed by the follow part:Part one:overview of causation, include concept, character, and function of causality, in order to describe the importance and necessary of research this objection.Part two:the body of this article, about our own theory, significant causal relationship is becoming popular in our country, our law was written, but it could not rule every condition,significant causal relation is more accurate in now time.Part three:introduction theories overseas, this aims to reference, in the end of this essay, I give my own opinion that we should develop a model, which based on significant causal relationship, but limited by the purpose of law, and causative potency be the most important factor for judge significant.