On The Establishment Of The Principle Of The Proximate Cause Of The Insurance Law In China And The Application Of Judicial Practice

With the rapid development of economy,the improvement of living standard,social risk gradually increased,insurance plays an important role to avoid risks,reduce losses,the insurance company insurance as the main party,in accordance with the insurance law,insurance contract and other relevant laws and regulations,through the insurance claim compensation for the insured,the insured or the beneficiary due to various accidents caused losses,in order to realize the insurance risk aversion and risk reduction effect.Therefore,when some insurance accidents happen,whether the causal relationship between accidents and damages is clear and whether there is a connection between them determines whether the insured,the insured or the beneficiary can be compensated.This causal relationship determines whether the insurer is responsible for the insurance claims,which is the proximate principle of the four principles of the insurance law.In 1906,after establishing the principle of proximate cause for the first time,the experts and scholars made repeated explorations on the principle of proximate cause.However,because of its complexity and tortuosity,the principle of proximate cause is still a complicated field.In China,the status and role of the principle of proximate cause has been recognized by the theory of insurance law.In the process of insurance company’s claim settlement,we must consider the proximate cause and analyze the causality between accident and result in judging whether it is an insurance liability.Therefore,the principle of proximate cause naturally becomes a self-evident legal thinking.However,the insurance law of China and the law of maritime commerce only reflect the spirit of the principle of proximate cause,and there is no explicit stipulation.If we fail to attach importance to legislation in the long run,it will not be established in legislation,which will lead to the imperfection of the legal system,which will have a greater negative impact on China’s insurance practice and the judicial practice involved.The principle of proximate cause can improve the legal system,guarantee the benefits of insurance claims,dissolve social contradictions and maintain social stability.It is very feasible in the legislation.This article mainly analyzes the theory and practice of the principle of proximate cause,and puts forward the view that is more in line with the national conditions and practical experience of China.