Study On The Application Of The Considerable Causation In Product Infringement

As one of the important elements of tort liability,causality has always been an eternal topic.With the development of modern industry,the identification of causal relationship,especially in the product infringement,finds more and more difficulties and disputes.After our traditional traditional causality theory has been questioned,the theory of comparative causation has been gradually accepted and applied in the theoretical and judicial circles of our country.However,as an exotic theory,how to combine and apply it with the practice of our country is still a difficult problem worthy of further study.Application of taking tort causality as the starting point,first through the real case that applies to causality in our judicial practice in the confusion,the similar cases but different judgments leads on the application of causal relationship discussion.Secondly,it analyzes why it is necessary to apply the cause and effect relationship in the product infringement,mainly from the reasons of the product infringement,other theories,the existing defects and the applicable advantages of the causal relationship.Thirdly,from the three aspects of the premise,the process and the method of application,the article puts forward the specific problems of the existence of the considerable causation in the product infringement,and analyzes the reasons from the legislation and judicature.Finally,the author puts forward the concrete application of the cause and effect relationship in the product infringement,and thinks that it is necessary to make clear the applicable conditions,processes and methods of the cause and effect relationship,and put forward concrete operation methods.