假设因果关系对损害赔偿的影响-the influence of hypothetical causality on damages.docxVIP

AbstractHypothetical causation has received extensive attention during the period of Roman law, and in recent decades,the domestic and international research of this issue is showing ascendant trend. Such quite interesting but extremely difficult question specifically refers to the following phenomenon: tort had caused damages, but even without the former infringement, the same consequences of damage will be also caused by other successive reason definitely. It is precisely because both of the two successive reasons could result same damages, then whether the hypothetical cause followed-up can amend the scope of damages or not has become a widely problem encountered in judicial practice. In order to solve the controversial puzzle, this paper will focus on concept of hypothetical causation and essence of damages ,and study this matter in multi-angles. After a brief introduction which leads to the importance of the hypothetical causation, this article divides into four parts to make depth of the issue so as to unlock doubts,interpret rules and put forward my own views.Introduction elicits some puzzles related to hypothetical causation through typical cases, then exhaustively lists numerous dispute during the time of injury determination ,and points out the complexity and importance of hypothetical causation.The first part is to define the concept. In addition to define the conception from the doctrinal, this chapter will also compare hypothetical causation with some similar conceptsuch as overtaking causation、supervening causation and victims with special physical inorder to further clarify the connotation and denotation of hypothetical causation.The second part watches the essence of the issue.This chapter indicates that from a Macroscopic level,the essence of hypothetical causation concerning with damages rather than causality.Solving the problem of hypothetical causation depends on the understanding of the nature of damage and grasping the time when damages shoul