从本案看多因一果侵权责任认定（Judging from this case, more than one fruit, tort liability identified）.doc

从本案看多因一果侵权责任认定（Judging from this case, more than one fruit, tort liability identified） The theory of necessary causation, which distinguishes the cause and the condition, is the inevitable cause of the result, while the condition only provides the possibility for the outcome, and the cause provides the reality for the result. And the theory of considerable causation thinks that all the conditions that cause the result of the damage are of equal value. Without any of the conditions, the damage will not happen, therefore, all the conditions are legal reasons. Therefore, there is no direct cause and effect relationship between the act and the result of the injury, and the act of the actor constitutes the appropriate condition for the result of the damage, and the actor should take the responsibility. These two kinds of causality, causal relationship can expand the scope of compensation for innocent victims, the fault can be based on your own mistakes and assume corresponding responsibility and is recognized by the academic and practical circles. In this case, danmou behavior is one of the reasons leading to the onset of the illness that Wang, danmou words is the result of Wang hospital treatment condition, no danmou behavior, Wang is not emotional, will not induce Wangs heart disease, will not cause damage to wang. Therefore, there is a legal cause and effect relationship between Shis words and deeds and Wangs damage. Shis words and deeds constitute infringement. (two) the determination of responsibility in the act of infringement on one thing and one fruit The so-called multi cause one fruit refers to the combination of several unconscious factors, which results in the same damage. Due to the damages caused by the tort due to a fruit , each factor is not positive harm, the liability of joint tort, namely the perpetrator does not assume joint liability, but according to the various factors on the proportion of the causes of damage results sharing responsibility. In thi