The Research On Causality Of Our Country Food Tort Identification Issues

Tort causation is the infringement and the damage caused and is causing relationship are important elements of tort liability. Because there are no specific legal provisions and practice, in practice there is a big debate, and in particular on the type of infringement, due to ties with professional, complex, and other reasons, its identification is difficult, especially in food violation of causal relations. Therefore, it is necessary through the practice and theory of a case, and issues of its identity.Through the introduction case summary infringement of food problems in the cause-effect relations in the judicial practice, such as laws of causality choice and cognizance problems, distribution of burden of proof issues, mostly because of a fruit cause-effect relations and other issues. Its similarities and differences of philosophy, medical and environmental tort causation, tort causation of clear food concepts, characteristics and properties of food the infringement affecting the formation of causal relations. Through analysis british beauty method department and city method department typical case and the legal, stated its causal relationship basic theory and test law, analysis its operation of rationality, especially "dichotomy" of specific finds method, antibody summary its on china food infringement causal relationship finds in applies defects food standard, and proof responsibility and more for a fruit relationship reasons force analysis and the ease responsibility burden aspects of revelation. Then, analyzing legal causation theory and judicial practice problems in the typical case, summed up the reality of theory of causation if provision is not clear, select unknown, unreasonable distribution of burden of proof and multiple cause case burden issues. Last, for exists of food infringement causal relationship finds problem, proposed from distinguish legal and science causal relationship determine of different, and reasons and fault of different role and reasonable applies defects food "not reasonable dangerous" standard, premise starting, clear different level causal relationship, to "dichotomy" quite causal relationship and responsibility range causal relationship of test law be test, stressed judge free volume of role, established food infringement general and multiple causal relationship of applies problem, Recommend a conditional proof of causation presumption method and proposed food from the analysis of causation and liability insurance, and so on, easing the causal relations liability problems.