Study On Predictability Rule Of Tort Law

Predictability rule of the civil law is an important rule, which goes through thecontract law and the right infringement law; moreover, it plays an important role inboth. In the contract law, it is used to delineate the defaulting party area ofresponsibility; in tort law, it is used to determine whether the infringer has noteobligations to the specific infringed party, as well as whether it has legal causalitybetween the infringer behavior and the infringed party damage. The predictability ruleof the tort law establishes and develops at the foundation of "fault"、"choice"、"policy" and has close relationship with such responsible requirements as obligations,causality and injury consequence. Therefore, predictable rule plays an important rolein limiting the scope of defendant liability and relieving the plaintiff damage. Thetheory of predictability rule makes the subjective and objective, logical judgment andvalue judgment perfectly combined. At the same time, it makes fault, justice and legalpolicy being an organic whole, realizes legal causality confirmation, and thuscompletes the confirmation and share of responsibility. Predictability rule is the mosteffective tool to judge the causal relationship in fault infringement so that in the casesof infringement of negligence, it can be appropriately referred. This paper is dividedinto four chapters, the main content of the chapters are as follows:The first chapter is the general introduction of predictable rule, including theorigin and concept of predictability rule, the foundation of its establishment anddevelopment, the constructive conditions of this rule and the choice of its standard indefining the rational people.The second chapter is the application of predictability rule in infringement cases.It is introduced mainly from two parts, which are the judgment of the infringernegligence and the recognition of the causal relationship. At the same time, by analyzing the limit of predictability rule in tort law，it is pointed out that theadvantages and disadvantages of predictable rule in specific application, whichprovides such a foundation that predictability rule, should be introduced byabandoning its shortcomings.In the third chapter, specific analysis of the relationship between predictable ruleand tort liability constitutive requirements, which are obligation, causal relationshipsand damage consequences, is given. Moreover, by detailed comparison ofpredictability rule and causality of the continental law system, the conclusion comesto that predictability rule also indirectly applies to the judgment of equivalence ofrelative causality. Therefore, the wide application of predictability rule is found.In the fourth chapter, by specific analysis of how predictability rule is indirectlyreflected in the theory、regulation and practice of tort law in our country, it isconcluded the necessity and feasibility of introducing predictable rule to our tort law.In the end, some suggestions of the writer are given on the introduction andperfection of predictability rule in our country.