Research On The Insurance Law Principle Of Proximate Cause

Research on the Insurance Law Principle of Proximate CausePPC(principle of proximate cause)produced in the United Kingdom 18,19 century. For centuries, the principle of proximate cause as an international insurance claims business has been recognized in one of the basic principles, accumulated a large number of insurance claims experience and insurance jurisprudence and legislation in various countries are clearly defined in legal form, mainly used to determine coverage underwriting risk and the causal link between the loss. The implication is that the insurer because the insured risk, the immediate cause of the damage caused by bear Peifu responsibility for the underwriting risk of non-proximate result of the damage caused by not bear Peifu responsibility. PPC development through the centuries and gradually formed its own research to determine the standard, the theoretical basis and application of the rules, especially in the insurance claims in the lawsuit to determine cause and effect, identify and scope of insurance has played a very important role. The vast majority of today's world of national legislation and practice are basically adopted the idea for the PPC. However, in China's insurance legislation, whether it is "insurance law" or "maritime" proximate principles are not clearly defined, in practice the principle of proximate cause can only be used as a practice, the reference to apply, and there is no clear legal status . Therefore, the principle of proximate cause in legal theory and practice of China's insurance is worthy of further study and discussion of the issues.The first chapter, firstly, pave the conditions and reasons as the primer, discusses the causes of philosophy and law in different meanings, and clearly the legal cause is the proximate cause. Subsequently, from the meaning, characteristics and representative cases gradually clear proximate cause of the content respectively. Proximate and similar concepts by comparison, and further defined proximate cause of the connotation and extension. Secondly, the criteria for determining proximate cause "space standards", "effectiveness criteria", "chain rule", "common sense standard" for clues, described the evolution of proximate criteria. The criteria on the basis of proximate cause, and gradually formed a set of principles identified proximate cause in order to better determine the proximate cause of the practice. Again, on the basis of proximate cause, according to proximate cause standard to determine a number of reasons, which reason is the proximate cause of loss or damage in the accident, in order to distinguish the responsibilities of the parties related to the accident, a clear causal link to find out resulting in the PPC in the past. After centuries of development and gradually formed a "reasonable result of blame-shifting principles", "forces of reason", "causal theory of proportion" and "shared principles" such as new theories and research methods, as we present the principle of proximate cause the emergence and historical development of a clear context. Finally, the principles outlined in the insurance proximate cause theory and practice of the important features and capabilities for the realization of the insurance and the insurance industry to the value meaning.The second chapter describes the theoretical basis of the principle of proximate cause. Proximate causation theory as the theoretical basis of the principle of a large background, philosophical categories were defined in the causal theory of causality in the field of criminal law and civil law theory of causation in the field of theory and compared with them, clear differences to further reduce and clear the theoretical basis of the principle of proximate cause, that the causal relationship between civil law theory. Rooted in the civil law principle of proximate cause theory of causation, causal theory of civil law specific application in the insurance field, the principle of proximate cause must not open around the causal theory of civil law outlines and analyzes the author to civil law based on the theory of causality , respectively, in civil law and common law theory of cause and effect relationship between the two main lines of departure, their respective legal systems were introduced in the representation of ideas and theories, such as the condition that the causal relationship rather that the scope of the rules that the essential elements of the rules, a direct result of theory, theory of predictability, to its assessment, and analysis of the causal relationship between two legal systems in the theory of convergence and difference. The principle of proximate cause in the study, the general principles as a result nearly the scope of causal relations theory, both special and general relationship is, of course, and the difference between the two must be linked, through the theory of proximate causation principles and comparison allows us to better understand and grasp the characteristics of PPC, which focuses on the question whether to set up insurance, without regard to fault, offense and other factors, range and scope of compensation in the cause of their specific and so on.The third chapter analyzes the specific application of the principle of proximate cause. Most of the insurance practice, the situation is complex, the reasons for losses are varied, and may be caused by loss of a single reason, it may jeopardize a variety of reasons, may cover areas of risk, except perhaps the risk or policy is not reference to risk, how to accurately find specific cases is the most important proximate cause of the problem. I mainly caused by damage from a single cause, more a result of a continuous occurrence, usually caused by interruption occurs, usually caused by simultaneous analysis of these four cases, respectively, under different conditions described specific application of the principle of proximate cause rules to make concrete the abstract principles and In explaining the process of combining a large number of classical jurisprudence, seeks to analyze the rules accurately and clear. However, only the specific rules applicable to the general application of PPC methods of application in specific cases, the author analyzes the application of the principle of proximate cause may also be subject to many as the discretion of the judge, the terms of the insurance contract, the insurance period, etc. restrictions, thus affecting the identification and scope of insurance liability.The fourth chapter analysis of the proximate principle of burden of proof. When the insurer and the insured person identified on the proximate cause of the disagreement, both parties will go to court, how to accurately apply the principle of proximate cause involves the burden of proof allocation. Of course, the reason the insurance burden of proof in proceedings to have such an important position is the special nature and causes of its inseparable. The author of China's insurance litigation burden of proof in law, in complying with the "who advocates, who burden of proof" on the basis of general principles, step by step analysis of the specific allocation of the burden of proof. In particular, except for liability related to underwriting risk, evidence of insurance coverage and balance problems, how to allocate the burden of proof on proximate cause is more important.The fifth chapter discusses the principles of the lack of proximate cause, and put forward a sound proposal. Analysis of the shortcomings of the traditional principle of proximate cause, because the focus on the protection of interests of the insured, while the insurance coverage limit is too strict, PPC has become a liability insurer as a means of escape and damage the legitimate interests of the insured, lead to imbalance of interests. After the introduction of the principle of proximate cause of the current status of insurance law and based on the lack of background, the author expounds China's insurance legislation, the need to establish the principle of proximate cause, and how to systematically improve the introduction of the principle of proximate cause in order to promote China's insurance industry the healthy development of the proposal put forward own thinking.