Research On The Perfection Of The Principle Of Proximate Cause In Marine Insurance Law

The principle of proximate cause is a basic principle for handling claims disputes in the international insurance industry.There are relevant provisions on the principle of proximate cause in the insurance laws of many countries.This principle was first clearly stipulated in the Marine Insurance Law of the United Kingdom.It has accumulated a lot of experience in long-term practice and development.It is an important basis for judging whether the insurer needs to be liable for compensation in the event of a marine insurance accident.The determination of causality and the determination of insurance compensation liability play an important role.After continuous and in-depth research,the theoretical basis,judgment standards and applicable rules of the principle of proximate cause have also been continuously improved.Applying the principle of proximate cause to deal with insurance claims disputes can effectively improve judicial efficiency,but in some complicated situations where damage is caused by multiple causes,if it is also mechanically determined that insurance liability is handled in accordance with the principle of proximate cause,it will inevitably lead to problems such as imbalance of insurance interests The emergence of the long-term is not conducive to the stable development of the insurance industry.For this reason,this article takes the typical case of the Supreme People’s Court "Qu Rongmo and the insurance company’s marine insurance contract dispute" as the starting point to explain the specific application of the principle of proximate cause in the practice of marine insurance claims in my country.Regarding the retrial judgment in this case,the Supreme People’s Court applied the relevant provisions of the proportional causality rule when determining the insurance company’s liability for claims.Therefore,the case was specifically analyzed to further discuss how my country’s marine insurance law introduced the proportional causality rule to improve the proximate cause application of principles.This article is divided into five parts.The first chapter mainly explains the connotation of the principle of proximate cause,and based on the evolution and development of the judgment standard of proximate cause,explains how the judgment of proximate cause is transformed from the time standard to the standard of effectiveness and common sense.Finally,it explains the principle of proximate cause and the civil law.The connection and difference of Chinese causality theory.The second chapter analyzes the specific application rules of the principle of proximate cause,combined with specific cases to explain and explain.At the same time,it also analyzes the limitations and deficiencies of the principle of proximate cause in the application process.The third chapter discusses the two rules of liability distribution in marine insurance,and the proportional causality rule and apportionment based on the theory of causal force.Analyze the application of the rules,and provide reference for the follow-up improvement of specific recommendations for the application of the principle of proximate cause.The fourth chapter analyzes the current application status and development trend of the principle of proximate cause in our country from the perspective of judicial practice,and gives a detailed analysis of the "Lu Rongyu 1813" and "Lu Rongyu 1814" cases.The fifth chapter discusses the necessity of perfecting the principle of proximate cause in my country’s marine insurance law,clarifies the particularity of the marine insurance law in determining causality,and draws on relevant rules to put forward specific suggestions on the application of the principle of proximate cause in my country’s marine insurance law,so as to better balance the interests of both parties to the insurance.