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The Empirical Analysis to the Suitable Caual Relationship in Tort Responsibility

Author: DaiBenAn
Tutor: DingWenYing
School: Inner Mongolia University
Course: Legal
Keywords: tort responsibility suitable causal relation the judging system of the causal link
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 266
Quote: 1
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Abstract

In this paper, the basic idea is the practice of causal relationship between the complexity of the judgment as the starting point, based on the basic civil and commercial law, comparative study research results at home and abroad, make comprehensive use of law in the methodology of the value of analysis and empirical analysis methods, in reality quite The causal link between the controversial issues that determine the feasibility studies, and strive to improve the causal link between the judgment of the theory.The full text of the structure is divided into three parts, introduction, body and conclusions. Text in four parts.The first part from the causal link between the basic theory and causal link between the tort liabilities to the important role of these two areas on the causal relationship between the importance of the judgment. Clarify causal relationship is all the requisite elements of civil liability; only the right of a causal link, can we correctly identify civil liability.The second part from the common law system and the continental law system relating to the causal link between the theory of causation of the judgment process, we can see that the common law doctrine of the causal link between the mainstream and the civil law of a causal link between the doctrine of a very similar, To our enlightenment, our legal system Posen affected by the civil law, a causal link between the theory may be closer to Chinese judicial practice.The third part points out the limitations and flaws of the inevitable causal relationship, and explained the reasonability of the considerable causal relationship.Through the fourth part of another important purpose doctrine—regulations that start with the analysis by empirical analysis of the case method, explained that the purpose of the regulations deficiencies, that the purpose of laws and regulations that even though, according to a reasonable, but Not suitable for single as a causal link between the criteria for judging the conclusions. And in case further evidence through a causal relationship between the reasonableness of the correctness and feasibility. However, a causal relationship also has certain limitations, in order to more accurately determine cause and effect relationship, from a methodological point of view, should be to build a very causal relationship as the mainstay, supplemented by other causal relations, the comprehensive check each other judgment system.Conclusion of further stressed that in order to ensure causal link between the reasonable and correct, the paper through the assessment of various theories of the advantages and disadvantages to study causal relationship between the development of new trends, to civil liability in tort, should establish a causal relationship to that As the mainstay, supplemented by other theories of cause and effect relationship between the comprehensive system of judgment.

The Empirical Analysis to the Suitable Caual Relationship in Tort Responsibility

Abstract

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