侵权责任法中的因果关系简析

Brief Discussion of Causation in Tort Liability Law

对于法律因果关系的认定问题,历经多年争论出现了条件说、原因说、相当关系说、法规目的说等多种理论。若采用条件说,把法律价值判断转入对过错的认定当中,使得侵权责任的构成要件清晰明了,能够处理好过错与因果关系的关系,且操作起来也较其它学说更为方便,有利于司法实践的进行。在认定因果关系之后,还可以通过过错来对侵权责任予以限制。

For the problem of judgement legal causality, there are several theories such as condition theory, reason theory, equivalent causality theory, law＇s purpose theory and so on after many years＇ arguments. If we adopted the condition theory, we could transfer the judgement of law value into the judgement of faulty and made the compose of the liability of tort perspicuity. Then, we could take good care of the relationship between the faulty and the causation. Besidse, the condition thory is easier for the leglal practice and it decides for the judicial practice. After we judge the legal causation, we could restrict the scope of the liability of the tort by the judgement of the faulty.