The chapter focuses on the treatment of causation in Book VII on tort law of the Chinese Civil Code. After some remarks on the role that legislation can play in governing causation, the chapter reviews in a comparative perspective the location, breadth and content of general and special provisions on causation in the CCC. The analysis will show that what the CCC says on causation, and, perhaps more importantly, what it does not say, demonstrate a deep awareness of the relentless dynamics underlying tort law discourses and practices. Provisions on causation in the CCC strike a well-balanced compromise between the need of providing clear statutory guidance and the opportunity of allowing courts with substantial room to maneuver in light of the specific circumstances of each case.

The chapter focuses on the debate over the aims of tort law, both in China and in the West. It starts by reviewing the intellectual history of discussions over tort law aims. It then demonstrates that these debates are often unaware of both the empirics of tort law and the cultural frameworks that sustain the adjudication processes of tort law disputes, inside and outside courtrooms. This is a major gap, insofar as both the empirical and cultural dimension are crucial in order to put any vision of the aims of tort law within its own proper context. In this perspective, the paper tries to shed light on the variety of factors that should be considered in framing whichever theory on the aims of tort law.