Research On The Related Problems Of Principle Of Proximate Cause On The Law Of Insurance

The determination of cause and effect relationship in the insurance claimsprocess is one of the most perplexing problems, how to recognize the causal relation,the Civil Law System and the Common Law System have many theories, each kind oftheory are excellent and reasonable in one hand, of course, there are also shortcomings. The principle of proximate cause is the more reasonable theory bycomparing various kinds of view.The principle of proximate cause as a basic principle which recognizes the causalrelationship between the risk and damage results can help the beneficiary to claimpayment according to the insurance contract, exempt from the insurer’s unreasonableresponsibility, form the defense of the beneficiary’s claims which beyond the legalrequirements. The principle of proximate cause plays an important role in theinsurance claims practices.In addition to the introduction and conclusion, there are five chapters in thispaper.In the introduction, the author mainly describes the significance of the principleof proximate cause, research status and the reason of choose the subject.The first chapter, the author studies the difference the between legal causationand the philosophy causation with beginning from the sources of causation,that is thephilosophy of causality. The author finds the optimal theory from the various theorieson causation in the Civil Law System and the Common Law System.The second chapter, the author introduce the conflict in the process ofidentification of causality by raising a specific case in the judicial practice,then,heuses the principle of proximate cause to solve the problem and further describes theimportance of using the principle of proximate cause.The author summarizes the characteristics of the proximate cause by studying the dictionary, relevant books andpapers, and then he puts forward the concept of proximate cause and the principle ofproximate cause, at last he compares the proximate cause with the related concept.The third chapter, the author puts forward identify proximate should be basedon "common sense" standard, and further analysis of its causes. The author details thetraditional view finds that the proximate cause of the specific circumstances andspecific detailed explanation of the traditional view of what is usually caused by thesame time, what is more a result of continuous occurrence, what is usually caused byintermittent, and with each other to accurately distinguish.The author combined with alot of classic cases of judicial practice, analysis due to occur at the same time, due tocontinuous occurred, due to discontinuity occurs in a variety of circumstancesproximate the how to identify, responsibility and how to distribute. The authorconcludes that the traditional view of proximate and modern views, and reflect theirrespective shortcomings, pointed out that the development of proximate cause needs amore complete theory.The fourth chapter, the author points out the necessity of the legislation ofproximate cause and its significance. The principle of proximate cause in insurancepolicy explain, how the" insurance law" and judicial interpretation of theimplementation, the author combines the current judicial system and insurancepractice, provides suggestions about how the principle of proximate cause states in theinsurance policy, Insurance Law, as well as judicial interpretation.The fifth chapter, the author introduces the direction of the principle ofproximate cause in the future on the basis of reflecting on the traditional researchachievements. The author tries to apply the "forces of reason" theory into the work ofinsurance claims to insurance dispute resolution and provides a new way to resolveinsurance disputes.The conclusion is to summarize the whole article, called for the principle ofproximate cause should be stated in legislative system given to the needs of theinsurance practice.The innovation of this paper lies in: the author absorbs the results of previous studies seriously, definite the proximate cause creativity and points out thecharacteristics of proximate cause, identification of the specific circumstances ofproximate process detailed explanation, puts forward the specific ways to carry outproximate; at the same time, he tries to apply the "forces of reason" theory into thework of insurance claims to insurance dispute resolution.