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因果关系是判断侵权行为者是否应承担侵权赔偿责任的关键构成要件,侵权责任的因果关系可以分为责任成立的因果关系和损害赔偿范围的因果关系。现阶段判断损害赔偿范围因果关系的标准理论有很多,本文仅简单介绍可预见说、相当因果关系说和法规目的说。司法实践中适用较多的是相当因果关系说,本文试图结合司法实践总结归纳出法官确定损害赔偿范围的基本规则和应注意基本事项。
Causation is to determine whether the tortfeasor should bear the key elements of tort liability, causation of tort liability can be divided into the cause and effect of the establishment of liability and the causal relationship between the scope of damages. At this stage there are many standard theories for judging the causal relationship between the scope of damages and the theory of predictability, which is just a brief introduction to predictability. Judicial practice is more applicable to a rather causal relationship, said that this article attempts to summaries the judicial practice summed up the judge to determine the scope of damages the basic rules and should pay attention to basic matters.