A Study On The Causation In Marine Insurance Law In China

With the development of China’s maritime trade,traders increasingly need maritime insurance as an important way to disperse risks and realize expected interests in their trade activities.In the judicial practice of maritime insurance law,the determination of causality has always been a common concern of the theoretical and judicial circles.Under the influence of China’s existing legal system,balancing the interests of all parties,promoting economic development and making up for legal loopholes,it is particularly necessary to study how to identify the causal relationship.In theory,the relevant theories of causality in maritime insurance law mainly include proximate cause,considerable causality and proportional causality.In practice,there is no uniform standard for the specific application of causality of different theories.The article shows the application situation and existing problems of different causal relationship related theories in the way of case analysis,and then reveals the shortcomings of the existing laws in C hina.In the field of insurance law,the theory of proximate cause has been widely applied in the judicial practice in C hina,and the proximate cause of the effectiveness standard is the mainstream of determining the causal relationship.Although considerable causality comes from the field of tort law,it also plays an important role in determining causality.Therefore,the importance of this theory may be affirmed in the field of insurance law.Proportional causality can be said to be a change of cognition of causality.This way can solve the situation of unknown causality identification,but it also gives judges a greater discretion,which is not conducive to judicial justice to some extent.Finally,the thesis puts forward the suggestions of causality of our maritime insurance law,including legislative suggestions and judicial suggestions.In terms of legislation,the proximate cause theory should be stipulated in our insurance law,and its identification standard should be clarified.In the case of mixed causes of damage,how to determine the causality has become a difficult problem in China’s judicial practice,and whether China’s judicial practice needs to learn from the proportion of causality needs to be studied.In the judicial aspect,it is in line with the judicial situation of C hina to increase the judicial interpretatio n of the theory of proximate cause and issue relevant guiding cases.As an important means to solve disputes,justice is the key to settle disputes.The quality of justice is directly related to the strength of judicial credibility,and is an important factor measuring whether fairness and justice can be realized.Maritime trial is highly professional and requires a large number of professional knowledge talents.Only when the relevant judicial system is more perfect and the disputes are solved more efficie ntly can it greatly enhance the confidence of judges,better serve the judiciary and make contributions to the judiciary.Therefore,summing up judicial experience,increasing the flexibility of the application of law and releasing relevant guiding cases are effective measures,and can well guide judicial practice.