On The Determination Rules Of Cause And Effect Relationship In Insurance Law

In the case of insurance indemnity, identification of the cause and effect relationship is always regarded as a difficult problem. The identification of cause and effect relationship in insurance law based on the selection and application of the causality rules. From the point of view of China’s insurance practice in recent years, the determination rules of cause and effect relationship in insurance law has a new breakthrough and development, as appeared effective proximate rules, coexisted proximate rules and any other new rules that based on the traditional determination rules. Turning to the new rules from the traditional proximate cause rules is becoming a trend. However, as without a set of complete use of standards and rules to have a specific judgment and identification of reinsures insurance coverage in cause and effect relationship in insurance law, which lead to a result of "different judgment for the same case". It is difficult to reflect the fair, and difficult to balance the interests of the parties concerned in insurance activities.Aiming at the present difficulties from the determination of cause and effect relationship in insurance law, the author firstly made a comparison between casual relationship in insurance law, philosophy, criminal law and civil law, made its connotation, commonsense criterion for judgment and other related theory clear, so as to highlight the particularity of cause and effect relationship in insurance law. Then separately analyzed its defects in legislation and judicial practice, such as the flaw in insurance coverage and exclusions, confusion in the determination of casual relationship between accidents and loss. Again, analyzes the evolution of the traditional proximate rules to the modern new rules, and analysis its policy judgment behinds. Finally the author puts forward some points of suggestions on perfecting the determination rules of the causation, such as revision and improvement in academic, legislation, justice, science, prudence reference to the foreign rules and so on.