On The Causality In Tort Law

The tortious causality is the precondition for civil liability as a result of harm or illegal state. Both of two legal systems have a long history to explore the topic. However, the discussion of the conception is persistently confined within the context of civil liability as a consequence of our absence of integrated structure of tort law. This article is aimed at discussing the two-stage method by analyzing all kinds of theories on this topic so as to find some ideas to build our theoretic system for tortious causality. Beginning with the analysis of the philosophic meaning of causality, the article tries to make a re-cognition under the scope of tort law. The article introduces the concept of two-stage method by analyzing and comparing the different meaning between philosophic causality and tortious causality and discussing the function of the latter.The second part of the article is a core which puts an emphasis on discussion as to the theoretic model of the two-stage method. By introducing and comparing all kinds of theories under two legal systems, the article makes a conclusion that both of legal systems have adopted two-stage method to deal with tortious causality in terms of thinking method, judgment standard and value pursuit despite of different forms and expressions. The third part of the article makes a chief introduction of the experimental theories with an attempt of discarding the two-stage method under two legal systems as a supplement of the disscussion. The fourth part is the conclusion of the article after listing our present practice and giving suggestions as to how to establish the relevant system on tortious causality.