The Empirical Analysis For The Principle Of Proximate Cause In Insurance Law

Principle of proximate cause is insurance law basic principle, in case the insurance claims process, and its function is very important. When we hope in a series of complex and the variety of reasons incident, to find the most decisive events for the results, the effectiveness of the one, and then with the insurance of insurance coverage in the contract, the risk to match, to determine how to share the burden of responsibility, the principle of proximate cause is judge gold medal principle. According to principle of proximate cause, if this reason just is written in the contract of accept insurance risk, damage the result is written in the contract of insurance coverage losses, so, at this time the risks they shall bear the liability insurance cap. Conversely, the reverse.This paper aims to study the application of principle of proximate cause insurance law, including the applicable process obstacles, and the solution of the obstacle, in this paper to clarify what is in the process of proximate cause, what is the principle of proximate cause, the practice and the method how to identify the judge "immediate" this a series of problems. Although our country "insurance law" in has not explicitly on principle of proximate cause more regulation, but real case is admitted in the process of the principle of proximate cause even reference, the importance of the principle of proximate cause enough to see. So this paper ultimate goal is that in our country insurance law lagging development, how to can give about insurance claims case is a process to reference, balance of interests between the insurer and the applicant, so as to promote the healthy development of the insurance industry.The principle of proximate cause insurance law, is in the results of the intention damage reasons to look for more than the damage the happening of the result of the strongest force that why reason, if happened to this reason force the strongest reason is that accept insurance risk, tester the risk and loss harm results in the because of the law risk fruit relationship, at this time the shall bear they risk liability insurance. So visible, of the principle of proximate cause is not simple to find message as a cause of the damage, the more important significance lies in the division of responsibility.The principle of proximate cause whether it was the on the insured, the beneficiary means a are important, and their interests are closely related, the underwriter is going to assume insurance responsibility, insurant or beneficiary is according to insurance contract a well-earned compensation, this is according to damage reasons and results the causal relationships between is formed and decide. Principle of proximate cause the connotation and significance of easy to understand, and apply the principle of proximate cause the first step-proximate cause find out, is not as easy.Some listed reasons incident, which on a can be called for immediate, is really happened in the powerful factor, the problem is the key of the principle of proximate cause. Therefore, in the paper, the author used the bigger space and the vast majority of cases studied, analysis, and hope to be able to clear some regularity of proximate cause judge rules.