Research On The Application Of Causative Potency

The concept of causative potency,which derives from philosophical causation,has become an important concept in tort law Since being cited in the field of law.With the maturity of tort liability law,the difference between causative potency and causation gradually appears.Especially after the change of causative potency from the original purely objective concept to the subjective concept,it is more closely related to the more objective fault.Although causative potency has become an important factor for effective judgment and reasonable explanation of tort imputation,most of the studies involving causative potency have only been carried out in the causation theory or tort liability theory.At present,the study of the causative potency theory is still relatively superficial.How should it be defined,what is the relationship between causative potency and fault liability,what kind of thinking should be followed by the specific judgment and comparison rules of causative potency and how to apply them in different types of infringement cases? The answer to these questions requires us to conduct an in-depth study of the causative potency,so as to benefit the solution of tort cases.Based on the fact that causative potency are initially attached to causation,this article starts from the origin of causative potency to analyze the theory of it.It also intends to find the theoretical basis and development context From the causation in philosophical and tort law;and then on the concept and nature of causal force,the causal force and physical force are distinguished and the concept of causal force and its subjective and objective dual nature are obtained,which provide a theoretical framework for the multi-level and multi-dimensional application of causal force.Secondly,for the applicable rules of causal force,the causal relationship is confirmed by the judgment of causal force and size,and the liability for tort is attributed.Then,through the comparison of causal force and fault,the applicable mode of comprehensive comparison of causal force and fault is summarized to realize the sharing of liability for damages.Finally,this paper mainly elaborates the specific application of causative potency in infringement cases and analyzes the action modes and comparison methods of causative potency in cases of several persons' tort,fault of the injured party,fault of third party and non-human intervention one by one.