On Intervening Factors In Tort Law

When conforming causation between tort liability, we often meet with questions of intervening factors . The causation theory of tort law is so complex that the author has interest in it and wants to explore this issue. During the course of collecting informations, the author finds it is common that when intervening factors exist, some of them may break the chain of causal relationship between the results of behavior and damages, while others will affect the scope of damages. What kind of factors may cause these phenomena to happen ? The related research is rare, and current tort law in our country has few provisions regarding this issue. As a result, the judge is unable to settle with similar cases in practice, so the auther intends to make a research on this topic and tries to provide a method for our judge. In this paper, many examples are involved and comparative analysis is used.This paper divides into three chapters in the structure:Chapter I is about some basic questions of intervening factors in tort law. The auther introducs the present theories and practices of our country and analyses the notion of intervening factors. According to different standards, intervening factors may be divided into different types, and the author lists two types. Chapter II is about the type of causation involving intervening factors. These different types have their own features, but they also have similarities. The author makes some comparison, aiming at understanding the nature of intervening factors profoundly as well as laying a foundation for the third chapter.The third chapter focuses on the influence of intervening factors on the confirming of causation between tort liability. The author analyses the present theories and practices of some typical countries and regions, then proposes some point of views on this issue.In conclusion, the author thinks the topic of the influence of intervening factors on the confirming of causation between tort liability is to explore whether the causal relationship between the initial actor's behavior and the damage is formed when intervening factors exist. Trying to use a unified theory to solve all problems is impractical, and the more reasonable approach is to form a relatively complete theoretical framework and make recommendations to improve our country's theory, aiming at helping solving practical problems.