The Research On Causation In Tort Law

Causation is an important factor in torts law. But as a basic academic problem，it has been arguedand longs for being settled. What is causation in tort law? What is the history of causation doctrines andtheory in common law system? Why after “Everything worth saying on the subject has been said manytimes, as well as a great deal more that was not worth saying”，causation is still filled with ambiguity andcontroversy? In case of multiple causes, how to consider under the analytic frame of“cause in fact”and“cause in law”？What the Tort law of China refers to them？And does the legal and juristic transplantsystematical? They are all questions this dissertation attempt to answer. Through studying causation indifferent ways，this dissertation aims at introducing the causation in Anglo-American tort law system onpurpose to lay the foundation for further research.The main content of the first chapter is to summarize the history of theory on causation of commonlaw system. Through introducing the doctrines of“cause in fact”and“cause in law”, the essay makes aexamination of characteristic and the basic logic of causation. From the development of theory ofAnglo-American tort law, we can see that the controversy does not focus on the value judgment butsystematical and practical. The advantage of cause in fact/in law system is parsimony with a long shadowof future. The judicial practice of common law system has also proved the stability of it.In the second chapter，the major concern is the structure of causation and the application in case ofmultiple causes. After expound and prove the difference of analytic frame in common law and civil lawsystem, the essay again pointed out that causation theory should first be a single answer than assignresponsibility. By this taken, the essay questioned the article12of Tort law of China which refer to the“comparative negligence”of common law system.The main content of the third chapter is to prove the necessity of two analytic frame of causation theory and emphasize the importance of analysis of substantive law and participation of judicial cases.Also, this chapter attempted to evaluate the “comparative causation” theory and pointed that the closerrelation between theory and practice is the key of development of causation theory in common lawsystem.In the epilogue，it will be suggested to draw experience from common law system，combined withjudicial cases，to present the substantive law.