侵权法中可预见性规则研究.doc

新疆大学硕士研究生学位论文 Abstract As an important rule in tort law, the rule of Predictability plays an important role in the field of tort law. The rule regards rational person as the objective criterion to judge whether the perpetrator should assume the tort liability of negligence tort, that is, only for their actions as a rational person can infringer reasonably be expected to assume responsibility for the damage results. The rule of Predictability mix public order and good customs, social justice and legal policy integration together, as a starting point to the experience held by the general, judge the causation of tort behavior and damage results in the law, and determine the liability and scope of the infringer. In most cases, the benefit of infringer and victim can be well balanced, which has a positive meaning to promote social fairness and justice. This paper uses the analysis method of comparative law. First of all, through the comprehensive analysis on the related theories and practical cases, discusses the indirect application of rule of Predictability in the theory of causality in the continental law system, as well as the specific application in the legislation and practice of the Anglo American tort law, discuss the scope of application, limits, advantages and disadvantages in practice of the rule of Predictability. Secondly, as the starting point to the causal relationship which is used by our country, analyzed the common rule of Predictability in theory, indicate that the rule of Predictability and tort law of our country has the possibility of convergence. Finally, put forward the specific reference and development of predictability rule theory in Chinas tort law by discuss the indirectly reflects of predictability rule in practice of Tort law in China. It’s suggested that in the process of the trial of the tort of negligence case, China should draw on the experience of the rule of Predictability, and extends certain theories when it is necessary,