Judicial Practice And Legislative Proposals Of Principle Of Proximate Cause In Insurance Law

According to the referee insurance cases in recent years,the proximate principle has been widely used in our insurance practice and judicial practice.Insurance business,the insured,the insured,the beneficiary claim insurance compensation based on the Principle of Proximate cause.The insurer guide the work of insurance claims according to the Principle of Proximate cause.In Judicial practice,The insurer defense assuming the insurance responsibility in accordance with Principle of Proximate cause.The judge judging the causal relationship between the underwriting risk and loss to find out the insurer whether should assume the insurance liability.However,the practicing of the proximate principle doesn't have the support of legislation,Principle of Proximate cause is still in a legislation blank state,Only the Supreme Court in 2003 drafted "The interpretation of Supreme Court on Several Issues Concerning the Trial of insurance disputes ",Article 19 provide that the insurer compensate the loss caused by the proximate cause which is underwriting risk.It also provide the concept of proximate cause.Unfortunately,the explanation has not entered into force,it does not have the force of law.In general,Practice applicable rules of Proximate cause derive from Principle doctrine or jurisprudence viewpoint.Since the theory of principle of proximate cause is very complex and vague,resulting principle of proximate cause in practice is passive and confusing.whether the Principle of Proximate cause is used,it depends on the subjective judgment of insurance parties or the judge's.Generally,insurance parties,or the judge to identify the insurance liability with theory of causation in Civil law.Based on different understanding of the proximate principle,leading to different conclusions.The coverage of insurer's obligation is most concerned by the parties,and is the core content of the insurance contract.Applying Proximate Principle to confirm Causal relationship can achieve the purpose of Balancing the interests of insurance parties and promoting the development of the insurance industry.Therefore,it is necessary to research deeply how to the the principle of proximate cause apply in China's Judicial application,to stipulate explicitly the the concept of principle of proximate in "Insurance Law" and to formulate rules applicable in Judicial interpretation.In this way,Legislative gaps can be remedied and the Principle of Proximate cause is applied accurately and Universally.