Study On The Theories And Application Of Proximate Cause On The Law Of Insurance

This thesis explores the principle of proximate cause and it's application on insurance law, aimed at the theoretical basis and rules of proximate cause, seeking the essence of the proximate cause and providing support for insurance claims and judicial practice in China. In addition to the introduction and conclusion, there are four chapters in this paper.In the introduction, the author explains the subject, background and significance of the research.Chapter one is the analysis of causation. The author introduces the typical theories in common law system and continent law system respectively, and comes to the conclusion that: the general theories of causation are similar in these two law systems, as well as the causation on insurance law.Chapter two illustrates the meaning, characteristics and functions of proximate cause on insurance law. It focuses on the specificity and specific functions of proximate cause on insurance law. The thesis points out that the proximate cause is legal cause with dominance and effectiveness, and is provided by insurance contract. Because the proximate cause on insurance law is a problem of contract, there is some difference between proximate cause on insurance law and tort law: the scope of responsibility, policy, the scope of reasons, force and accidents, fault and legitimacy etc .There are two basic functions of the principle of proximate cause on insurance law: balance of interests and moral risks filtering, the fundamental aim is to promote the health of the insurance industry. Chapter three interprets the common sense standard of proximate cause. First, the author give a general discussion on common sense, pointing out that it can be identified and is applicable to insurance law. Next, the author gives a demonstration of the unusual case standard and voluntary act standard respectively. Finally, the author comes to the summary that the common sense standard should be adhered to in the application of proximate cause.Chapter four explores the rules of proximate cause comprehensively and carefully through empirical analysis. There are three aspects: vertical analysis, horizontal analysis and limit analysis, aimed at benefiting the insurance practice in China.As summary of the research findings of this thesis, the conclusion points out that the nature of the proximate cause is how to determine the responsibility objectively and fairly. Accordingly the author puts forward three proposals: First, China should draw on the essence of the theory of proximate cause, to avoid the tendency of conceptualization. Second, excessive protection to the insured person should be avoided, and the interests of insurers must be taken into account. Third, reference of typical cases should be compiled as soon as possible.