Inquiry Into Theoretical Applicability Of Causative Potency In Tort Cases

With the promotion of rule of law in our country,more and more tort disputes come into the public view in the form of litigations,tort facts present in more complex forms,many difficulties in judicial practice are brought.In 2001 and 2003,the Supreme People's Court issued Judicial interpretation of the case of the compensation for personal injuries caused by electric shock and personal injury compensation judicial interpretations.They all use the concept of causative potency.Before this,theories field have already widely accepted the term of causative potency.Causative potency originates from the theory of causal relationship,it is of great significance for the determination and sharing of damage compensation.However,whether in theory,practice or legislation,there is no complete explanation of the concept of causative potency.Many concepts of causative potency need to be clarified,many questions need to be discussed.How does the theory of causative potency happened and developed?What is the specific connotation of this theory?What is the subjective and objective nature of this theory?How to grasp the specific criteria of causative potency?Is there any difference in size or degree of this theory?How about the applicable feasibility and practice path in the tort law of our country?These problems are related to the theoretical construction of the causative potency itself,and also related to the change of the lack of specific operation rules injudicial practice,the status of imputation difficulty.On the basis of the above questions,the author attempts to build a preliminary theoretical framework of causative potency,so as to provide some references for fairly dealing with tort disputes injudicial practice.This paper is based on the practical confusion,explores the theoretical origin of the concept of causative potency,analyses the feasibility of the introduction of tort law from the prospective of the preliminary framework for the definition,nature and criterion of the concept of causative potency.Based on the above ideas,this thesis consists of five parts.Based on tort disputes' cases of the district court in recent years,the first part summarizes the current situation and problems encountered in the practice of dealing with such disputes,put forwards the confusions and possible solutions,and derives the theory of causative potency.The second part is about the origin of the theory of causative potency.It enumerates occurrence and development process of causative potency,analyses vertically the theory and influence of the causal relationship in philosophy and in law,compares horizontally the causal relationship in civil law system and common law system,provides the theoretical basis and practical reference for the construction of the framework of the causative potency theory.The third part is about the building of basic theoretical framework of the causative potency,analyses the basic connotation of causative potency from the perspective of nature and theory,then defines the causative potency.This part discusses the subjective and objective attributes of causative potency from the view of serving judicial practice,puts forward the feasible plan.It analyses the judgment method of whether there is causative potency and its size,so as to provide a path for the specific application of causative potency.The fourth part analyzes the role of causative potency in the stage of the determination of the causal relationship and damages compensation.By analyzing the limitation of the traditional theory and the rationality of the theory of causative potency,this part discusses the feasibility and objective need of introducing the theory of causative potency.The fifth part concretely analyses the application of the theory of causative potency in key and difficult tort cases,enumerates separately four types of tort cases of several persons,contributory negligence,force majeure and special physique of victim,and introduces the application of causative potency in all kinds of cases.