The Reflection On Causation In Tort Law

Tort law,the most important task is to determine the infringement of humanresponsibility.Whether civil law or common law, regardless of tort take three elements or fourelements, the causal relationship has always been an important and indispensable part. Chinais currently in the field of tort law involved in the determination of causation are facing majorproblems: the lack of clearly defined legislation;doctrinal opinions, not the formation of arelatively unified theory; due to the lackof recognized rules and unified theory guide practiceand makes the refereechaos, uncertain.However, in the UK, America, Germany, Japan andother developed countries, their jurists in the past two centuries, this element of the causalrelationship between the depth discussions, made a lot of valuable theoretical. Therefore wedraw on common law and civil law theory of causality research is necessary. From theanalysis of the real case, looking and reveals infringement causality in the end there is theproblem of what, then causality theory analysis of Britain and the United States on the onehand and Germany, Taiwan, China, the author ultimately draw their own conclusions.The author’s thesis is divided into the following sections:The first part: First start with a simple concept of causality, the object of study, status;then summarizes the status of causal relationship between theory and judicialpractice,analyze the status quo.Only the discovery of causal relationship exists, the papers inorder to further analyze the problem and make recommendations.Part II: Analysis of the facts causality criteria: but-for rule, the supplement of the but-forrule: substantial damage criteria standard； Then introduced the criteria of the law ofcausality: a direct causal relationship between the foreseeable standard simple causalityinterrupt; final reflection on the Anglo-American tort law causation theory.Part III: Simply describes the conditions for theory and the reason theory as well as theirshortcomings. Analyzes dominant in civil law appropriate causal relationship theory andregulatory purposes theory. Theoretical reflection of appropriate causal relationship theoryand regulatory purposes.Part IV: First, why not in favor of causality dichotomy and appropriate causality theory;then conditioning theory put forward China’s causation theory build support; Conditions thatfeasibility validation. last mentioned study causality should note problems.The end of the article made the point of this article summarized the expectations of the causal relationship between theoretical research helpful.