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The causality study on tort law

Author: ShiHongWei
Tutor: ZhangJingFang
School: Zhengzhou University
Course: Civil and Commercial Law
Keywords: Causality Responsibility for the establishment of a causal relationship The causal relationship of the areas of responsibility Fact causal relationship Legal causality
CLC: D913
Type: Master's thesis
Year: 2007
Downloads: 524
Quote: 3
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Abstract

Causality can be said of law on a \Constitute a tort, the tort liability and damages of determining causality are inseparable. Law on causality from a philosophical concept of causality. The causality on tort has two main functions: to determine the presence or absence of responsibility and limited the scope of the responsibility. Anglo-American tort law of causality is divided into \Factual causation refers to the to observe objective link between the damage suffered by the offender's behavior with the victim from the purely factual point of view. The causal relationship between, on the legal premise of factual causation between the consequences of the damage to determine the perpetrators of violations with the victim to determine the offender shall bear civil liability. In fact, the identification of the causal relationship a necessary condition for the theory, the substantive elements of the theory necessary and sufficient condition for the elements of the theory. Legally recognized theory of causality is mainly a direct result of the theory, the the foreseeable theory and risk theory. Civil law tort causality into the causality of the responsibility for the establishment of a causal relationship and scope of responsibility. Responsibility for the establishment of a causal relationship, that may be attributable to the behavior and rights infringed (or protect the violation of the laws of others) a causal relationship between its desired asserted the rights of the victim to whether it is the reason for the fact that (violations) occurred ; the scope of responsibility of causality, refers to the rights of the causal link between the infringement and the damage, of its desired identified not damage their reason the fact that (violations) causal relationship, but the \a causal relationship. However, in practice, the civil law for the determination of the causal relationship but adopt a unified model of thinking. Civil law theory of causality condition, saying, \In addition, Japan and France also proposed obligations range of risk associated, \Due to the difference of the two law systems in the historical origins, legal tradition, law method, leading to two law systems there are big differences in the determination of causation. However, for a long time both culture of mutual penetration or depth exchanges between the two, there is a great similarity the Two Schools causality theoretically. Our long-term adoption of a causal relationship on the issue of causation in tort theory, such a causal relationship that unrealistic abuses to. In recent years, many scholars advocate to learn the theory of common law and civil law systems causality identified. In judicial practice, there are many cases Two Schools causality theory trial, the typical is announced by the Supreme People's Court Gazette \Of court decisions, our judicial practice, there are considerable causal relations theory, foreseeability theory, cover probability theory and causality presumed reference and adoption of the rules. In this paper, the above description and analysis for identification of causality tort asked the following ideas: distinguish between causality and responsibility on the responsibility for the establishment of causality, clear causal relationship between functional status; distinguish fact causation and causal legal relations, first identified the presence or absence of factual causality, and then decide whether to constitute legal causality; responsibility for the establishment of a causal relationship stage, mainly to the fact that the causal relationship between the identified legal causality identified commissioned various illegal and fault elements illegal and fault mainly qualitative investigation; scope of responsibility causality stage, it is necessary to examine the facts causal relationship, but also to the identification of legal causality. Identification of legal causality, for reference to the civil law \damage, regulatory purpose and legal policy for the content of the imputation system. In the responsibility for the establishment of a causal relationship between stage, mainly identified to the fact that the causal relationship, the fact that the identification of the causal relationship, according to their shape, single causality theory of necessary conditions, the necessary elements of the theory of complex causal relationship sufficient condition. But whether it is the theory of the necessary elements of the theory of necessary conditions or sufficient condition, the reasons for the phenomenon and the result of the phenomenon of \For proof of causality, taken in 64 of the Civil Procedure Law in China who advocate who proof. Under normal circumstances, the victim (or plaintiff) to prove the existence of the fact of causation should burden. The proof of a causal relationship between the nature of a civil prove civil prove only required to achieve a high degree of probability \\By a preponderance of the evidence, the causal relationship in many cases can be determined. But there are also some cases the parties it difficult or impossible for a preponderance of the evidence, can only use the presumption at this time to determine the causal relationship. Usually in the following three cases can be assumed that a causal relationship exists: First, for the burden of proof in cases, if the offender can not prove a causal link does not exist, the judge is presumed causal relationship exists;, environmental pollution, product responsibility and some harmful objects causing damage cases, under certain conditions, to accept the statistical and epidemic diseases (epidemiology) method of proof. Mainly in the the responsibilities range causality stage, mainly to the identification of legal causality causality attribution standard: probable sexual predictability, fault, damage, regulatory purpose and legal policy. Summarized probability events statistically real possibility (or probability), is a use of the principles and methods of probability learned analysis process. First, the frequency of occurrence of a phenomenon to inspect; secondly, comparison and analysis of the frequency of occurrence of different phenomena. If the possibility of the judgment shows that A is likely to lead to the occurrence of B, but also in the case of A, B, does have occurred, then the people will have reason to believe that A is B reasons. Predictive judgments applicable normative standards, it is to explore the defendant should reasonably foresee what. Even if the defendant has a very special knowledge, he must apply to the special knowledge of the reasonably foreseeable. Determine foreseeability standard: the natural and the possible consequences as well as the scope of the risk. Fault, including the defendant fault, the plaintiffs fault and the third party at fault. The fault of the defendant, and in particular is a major fault identified a causal relationship between the infringement or sources of danger and damage a key factor, the defendant fault (mostly intentional and gross negligence) often exclude the foreseeable standard applies. Plaintiffs fault is not a true sense of the fault that the victim is not due to negligence, breach of the obligation of the perpetrators, but the victims in their own interests reflected neglect to pay attention to. In principle, the third person (or even deliberately exploit) the defendant's negligent breach of obligation for gross negligence, especially intentionally harm the plaintiff, the damage you can not from the point of view of causality attributable to the fault of the defendant, the third person usually been identified as the reason of damage. The regulations also aims to determine whether an injury can be imputed to the standard of conduct. Purpose in accordance with regulations, the dangerous range of offender behavior, and the victims whether belonging to the object of legal norms protection become the indispensable factor in determining causality. The substantive elements of the causal relationship \For the tort cause different forms of damage, the basic principle is: personal injury compensation lighter in compensation for property damage; compensation for property damage, but also lighter than pure economic loss. A series of legal policy factors also played a role in the process of recognition of a causal relationship. Especially in those so-called demand for social behavior, the identification of the causal relationship is more involved in the legal evaluation of

The causality study on tort law

Abstract

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