Causative Potency Basic Problem Research

Force concept already from the previous academic explanation now, on the mainland and Taiwan region through the concept of tort law. In China’s mainland for force concept appear to date back to as early as the80s, formally apply in judicial appeared in2001, mainly applied to a number of harm behavior caused the same damage results, why force concept originated in Taiwan can be traced to the60s, and is mainly suitable for have a case of negligence, from other countries, has a similar expression in the field of tort liability, but no accurate concept of the cause.In our country in2001the supreme people’s court on the trial electric shock case ", the explanation of some issues on compensation for personal injury, and2003on the trial of cases on compensation for personal injury to explain some issues of applicable law, the reason why the concept of force has been widely accepted by academic and practical circles in our country, scholars in the "tort liability law" legislation is also proposed in the draft recommendations applicable to cause division of responsibility to share, in2009promulgated the "tort liability law" although there is no clear rules for power system, but it has absorbed the theory and real results, why force has been approved by the applicable rules. As tort law of the mature, why force is becoming increasingly important, has become a sure share responsibility and responsibility division. But, at present the theory and practice of reason rules and application of the force and there are many issues worthy of in-depth study, need to have clearly defined some basic concepts, such as to the reason of examining rules, you must first to the concept of cause, the properties of a clear definition. Why force whether or not only results in a number of reasons caused the same damage when applicable? Or there are still other applicable space? In China’s theory and the physical, the reason from scratch, from immaturity to maturity has experienced a process how? These are all worthy of our study.This article is divided into three parts. The first part explains the concept of cause. Analyzed what is the main reason, cause, nature and classification of the emergence and development in our country is how to cause. First to distinguish causal force and causal relationship, and then to clarify the concept of the reason of force. Will cause force according to different standards are classified. To more accurately understand the concept of cause.The second part the reason force embodied in legislation in our country are expounded. Mainly in the "tort liability law" in China are discussed and the supreme people’s court’s judicial interpretation provisions of cause. And analyzes the effect on the provisions of tort liability law in our country, discusses the choice for the rationality of the force to solve the responsibility.The third part to cause the specific applicable in our country’s judicial are expounded. This paper expounds the main reason force the specific applicable range and conditions. Enable us to more fully and comprehensive understanding of reason.