Causal Proportional Liability In Tort Cases

Nowadays widespread infringement of unknown causation, with the continuous development of technology, the various uncertainties involved, risk behavior and the surge in the number of such conduct and the damage found between the results more difficult. Traditional "all or nothing" theory of causation, only determine the presence or absence of a causal relationship, regardless of whether a causal relationship "might" exist. Therefore, the existence of a causal relationship found only "yes" or "no," the other, the issue "a certain percentage of a causal relationship" does not exist.So the theory and the combination of civil proof system, it is difficult to deal with in today’s society widespread infringement of unknown causation under certain circumstances. Under normal circumstances, the court can not be 100% sure whether it is necessary for the defendant’s tort cause of the plaintiff’s damages result(the fact that the reason). The courts can only be obtained on the basis of evidence, between1% and 99% of the estimated likelihood of the defendant caused the plaintiff tort for damage, such estimates tend to vary considerably. But when you reach the standard of proof required by the judgment of the Court of causation was established and require the defendant to the plaintiff’s damage liability. Thus, how to protect the causality is difficult to determine the case of the legitimate interests of the plaintiff and defendant,a modest curb abuses the rights of the balance between the parties, is now facing the problem.First, the basic connotation article will start with proportionate liability, shows that our existing legal provisions for such infringement, which leads to research the origin of proportionate liability. Description of unknown causation general tort rules and basic defined. Analysis of different areas of responsibility for the interpretation of the ratio, indicating that the concept paper studied the proportion of responsibility.Analysis and comparison of the proportion of responsibility and fault liability, the difference between the force liability reasons.Secondly, the research and analysis of causality unknown proportion of rationality and science tort liability- to prevent infringement liability is too light, and to prevent the infringement liability overweight. Tort liability among several peopleshould consider when assigning to protect the interests of victims, the tortfeasor’s primary purpose is to compensate the victim’s loss. Should also take into account the responsibility to protect human rights, compensation for victims of the damage can not be at the expense of the person responsible for the price. Distribution of benefits among those responsible should be appropriate and reasonable, so the proportion of liability should learn, reflect fair tort law.Again, on the Anglo-American law, especially the type of American law and the proportion of responsibility to generalize case finishing, which has three categories,each category there are many subtypes. With case analysis and comparison.Fourth, determine the proportion of liability applies to the premise,understanding the purpose of the proportion of liability applies to realize the value of the pursuit of tort law: deterrence purposes and corrective justice. Analysis of specific factors in determining the "proportional" discretion when needed: the degree of evidence including the amount of damage is determined, according to the proportion of the reasons for the decision and the impact of the extraterritorial legislation as an example to study. Also indicates the proportion of responsibility sharing basis.Finally, the list of legal provisions concerning the causal relationship is unknown,combined with the provisions of China’s "Tort Law" doctrine and judicial practice insights, analyzes China’s favorable basis for the introduction of proportionate liability.Introduction of proportionate liability legislation can make up the lack of balanced interests of both sides, to achieve justice. Introducing appropriate proportion of liability set forth in our country again, the field of application of proportionate liability,which expand the scope of application.