The Legal Causation

The cognizance of legal causation has been controversial. Public opinions are divergent. There are successively the conditioning theory, the reason theory, the correspondence legal causation theory and many other academic points of view. But they are not convincing. In this paper, through the analysis of the domestic and foreign research results and theoretical point of view, in the cognizance of legal causation, this paper puts forward new ideas. This paper puts forward the causal relationship is not only an important research object in the field of philosophy, but also a important and difficult problem in law field. The philosophy causality and the legal causality is the relationship between universality and particularity of contradiction. On the one hand, the philosophy is generalization and summarization of different categories of subjects, playing a guiding role for all kinds of disciplines, especially social science. As a part of social science, the science of law also can not do without the guidance of philosophy. Therefore, the first part of this paper mainly explains the philosophy basis of law causality and how to guide law causality through philosophical causality. On the other hand, legal causation has its own particularity. We should clarify its own characteristics and correctly distinguish the philosophy causality and legal causality. Therefore, the second part of this paper introduces and analyzes the characteristics of the legal causation. The third part of this paper focus on interpretation and analysis of research results and theoretical perspectives of the domestic and foreign scholars, mainly including the legal causation theory of civil law, Anglo-American law and our country. The fourth part of this paper mainly analyzes and discusses the special and puzzling law causation including "many reason one cause" law causation, omissional law causation and indirect law causation. Finally the fifth part of this paper summarizes my point of view above, the legal causation can be divided into the objective legal causation and subjective legal causation. The objective legal causation establishes on philosophy causality. In order to make actions and results meet the objective legal causation, they firstly meet philosophy causality. If they do meet philosophy causality, then we further judge whether the legal causation establishes, I think the most reasonable way to judge whether the legal causation establishes is the correspondence legal causation theory. The correspondence legal causation theory is the combination of the universality of philosophy and the particularity of law. Subjective legal causation is not established on philosophy causality. It is a kind of subjective presumption of legal causality. In order to protect plaintiff, guide people’s behavior and achieve the value goal that the law pursues, we presume there is legal causation between defendant’s act and plaintiffs damage. Although subjective legal causation is not established on philosophy causality, it has a close connection with the philosophy causality, the text will introduce.