The Research On Res Ipsa Loquitur In The Anglo—American Law System

As a rule of evidence of negligence tort in the common law, the doctrine of res ipsa loquitur allows the plaintiff to prove the defendant’s act negligence simply by the whole event causing the damage which would reduce the plaintiffs burden of proof. But domestic and foreign scholars have different oppion about its elements and legal property so cause many difficulties on the application.This article firstly analyzes the institutional background of res ipsa loquitur to laid the early theoretical basis and introduce the process of rule and its corresponding field of application according to the time of the development process. And then elaborates the elements of the rules and notice in the application. After above demonstration, the article further researches on the legal property of rule in order to import the doctrine of res ipsa loquitur. At the end, the article emonstrates the feasibilities and necessities of the doctrine on the basis of shortcomings and deficiencies in tort of negligence in china on the proof of fault and provides advices about its introductions.