ORIGIN OF THE LAW OF PROPORTIONAL RESPONSIBILITY IN TORT LAW – TAKING THE DEVELOPMENT OF CAUSALITY THEORY AS THE OBJECT OF INVESTIGATION

In modern social life, the infringement of uncertain causality has become increasingly common. Such infringement is mainly disposed through the traditional causality theory combined with “evidence standard” in evidence rule. However, this is likely to lead to poor protection of the victim and excessive deterrence against infringers. In this regard, the proportional causality theory and proportional liability rule that have broken through restrictions of the traditional “all or no” causality rule and the full compensation principle are proposed. In uncertain infringement of causality, the supplemental application of the proportional liability rule is more conducive to the function of tort law to remedy damage and moderate deterrence.