对侵权法上因果关系理论之反思民商法学专业论文.docxVIP

1 1 2 2 Abstract Tort law,the most important task is to determine the infringement of human responsibility.Whether civil law or common law, regardless of tort take three elements or four elements, the causal relationship has always been an important and indispensable part. China is currently in the field of tort law involved in the determination of causation are facing major problems: the lack of clearly defined legislation;doctrinal opinions, not the formation of a relatively unified theory; due to the lackof recognized rules and unified theory guide practice and makes the refereechaos, uncertain.However, in the UK, America, Germany, Japan and other developed countries, their jurists in the past two centuries, this element of the causal relationship between the depth discussions, made a lot of valuable theoretical. Therefore we draw on common law and civil law theory of causality research is necessary. From the analysis of the real case, looking and reveals infringement causality in the end there is the problem of what, then causality theory analysis of Britain and the United States on the one hand and Germany, Taiwan, China, the author ultimately draw their own conclusions. The authors 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 judicial practice ,analyze the status quo.Only the discovery of causal relationship exists, the papers in order to further analyze the problem and make recommendations. Part II: Analysis of the facts causality criteria: but-for rule, the supplement of the but-for rule : substantial damage criteria standard ； Then introduced the criteria of the law of causality: a direct causal relationship between the foreseeable standard simple causality interrupt; final reflection on the Anglo-American tort law causation theory. Part III: Simply describes the con