Font Size: a A A

General Infringement Causality Research

Posted on:2014-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:S S LiFull Text:PDF
GTID:2246330398968625Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
General infringement causality problem thinking to the two law systems judges and scholars bring pain for more than a hundred years, various countries of Jurists great deal of effective resear ch on the issue of causation, and the creation of a lot of useful theory and doctrine, however, it has yet to a program can properly solve the problem.China’s legal theory is much room for research in the general infringement determination of c ausation. important research practice, general tort causality still very backward, essentially limited to a superficial introduction to some of the foreign theory determination of causation has not yet fo rmed any stereotypes theory, certainly not conducive to the the general tort causality research and development, and further can not adapt to the reality of the needs of the judicial practice. General t ort causality depth, effective research is very necessary and very urgent. This paper is divided into four main parts to start the study.The first part, the paper analyzes the the general tort causality basic problem, and introduces t he concept of causality in the common law system and the civil law origins research on general inf ringement causal relationship and other disciplines. Pave the way to re-sort the understanding of th e relevant issues, discussed below.In the second part, the article made an analysis of of general tort causality problems and analy ze the to identify the general tort causality plight in our judicial practice.The third section, the article describes the theory of the the main recognized rules of the com mon law system on general tort causality and civil law countries this problem identified, and made a brief presentation to the unique innovation of Japan on this issue, as we learn from role models.In Part IV. the article generally Causality of specific rules on China to do more profoundly ex pounded, after doing the analysis of general infringement causal relationship proposed operational recommendations for different causal relationship between specific judicial practice, such both pla y a further role of explanations can be identified theory also provides for judicial practice ideas.
Keywords/Search Tags:General tort, causation, intervening factors, reasons forcee
PDF Full Text Request
Related items