On The Definition Of Accidental Injury In Accidental Injury Insurance

Accident insurance is the insured and the insurer agreed in the insured suffers accidental injury or death caused the disability of the insurer to pay the insurance liability insurance accident insurance contract.The emergence and development of great protection live sudden accident event to deal with social remedy and civil defense the ability to maintain social stability,harmony has a very important role and significance.But the number of accidents in the judicial practice of injury insurance contract dispute cases are also much higher than other types of insurance of insurance contract disputes.The insurance industry to define accident accident insurance contract is more complicated,and the lack of uniform standards specification.The fundamental reason lies in the process of Chinese insurance Law><legislation did not specify the accident insurance category system accident probability Read and category,even failed to provide a unified definition of accidental injury,with specific norms of the operation.So no matter from the insurance industry to promote in the field of accident insurance type of healthy and stable development,safeguard the legitimate interests of the insured person's point of view,or from the reduced number of disputes and accident insurance accident injury insurance disputes provide specific,operational norms perspective,will undoubtedly need to clear from the legislative level,accident insurance accident in the category and defined norms.In view of this,this paper is divided into four parts to define the problem of accidental injury in the accident injury insurance are studied and analyzed.The first part,mainly through the empirical analysis of the way forward in the judicial practice of accident insurance disputes in quantity,and in most of these disputes involving accident defined problem.Also analyzed the process of judicial practice which define accident difficult main reason.That is the lack of legislation and the lack of theoretical research and the theory of authority missing.The second part,mainly from the legislation,analyzes the definition of path and specification of accidental injury accident insurance in the region outside the legislation and theory of perspective.Based on the definition of theory and legislation put forward by the analysis of a variety of elements for defining the path said the judge's point of view.Then the elements of accident split,induction,simplification and summary,proposed accident judgment there are three elements,namely,sudden,involuntary,alien.Finally analyses the accident Injury characteristics and connotation elements.In the third part,the problem of judicial application of the elements of the accident are analyzed.The fourth part analysis method to judge the causal relationship between the accident insurance contract in the cause of damage and damage result.If the foundation has a causal relationship between the clear judgment damage reason and the damage results on the further elaborated the current academic research on the two principle of proximate cause the causal relationship and determine the causal relationship,but also pointed out that in two the reason of damage and damage caused by whether it has the shortcomings of the causal relationship of the process,if there is a causal relationship between the cognizance method and put forward on this basis take steps with different methods according to different types of events that cause damage and damage result.Finally,through legislation to clear the concept and accidental injury The paper also expounds and explains the definition of norms,and the burden of proof in the process of defining accidental injury,and whether special types of events should be attributed to accidental injury.