Study On Identification Of Causation In Marine Insurance Law

Causality is a major research topic in many disciplines such as natural science and social science,which provides a basis for understanding the objective world.In Marine insurance,the determination of causality after the occurrence of an accident is an important basis for the insurer to assume liability for compensation.However,there is no clear provision in Chinese laws and regulations for the determination method of causality in Marine insurance as a guide,so the determination path of causality is an issue that has been discussed and debated by law and practice circles more than once.There are many valuable and operational theories involved.In order to make the determination of causality more reasonable and efficient,it is necessary to classify and sort out the determination of causality in practice,summarize the common problems existing in it,and explore common and expected solutions.Under the guidance of legal theory,this thesis first clarified the definition of "causality" in the law.Then mixed reason to the loss of Marine insurance accident causation of morphological classification to clarify,and compares the two major legal systems in a variety of more theoretical basis for the causation in Marine insurance of the goods,in accordance with the theoretical basis of this,in our country practice case as the breakthrough point,through the concrete analysis of the case review,summed up the practice in cases of different causal category,Feasible determination of causality.In this direction,this thesis analyzes the negative effects caused by the lack of causality determination rules in Chinese legislation,and puts forward ideas and suggestions on how to improve legislation and judicature.In the first chapter of this thesis,starting from the theory of causality,the concept of causality and its limits in Marine insurance are expounded.To analyze causality in a case,it is necessary to clarify the reference of causality in a specific field.The causality in law is divorced from philosophy and based on factual causality,but it can become legal causality only after value evaluation.The causality in insurance law absorbs much from the causality in tort law,but at the same time,it needs to be differentiated from the causality in tort law due to the nature and content of insurance contract.Thus,it is clear that in the field of reinsurance law,especially in the complex field of Marine insurance,it is important to correctly deal with causality in the settlement of contract disputes.The second chapter of this thesis focuses on the theoretical basis of causality determination in Marine insurance,which lays a foundation for the subsequent analysis of China’s practical cases.Make correct cognizance to causality,want to make clear the different form that causality appears in insurance accident above all,reach the characteristic of each form and the dispute point that may produce.On the basis of this,we find suitable methods for determining causality under different forms of causality.In the two major legal systems,there are many theories on the determination of causality.These methods play a decisive role in the development of insurance law in the past,but each has its own advantages and disadvantages.It is necessary to find a theoretical method suitable for the new era through the analysis of current judicial practice cases.This thesis introduces the theory of proximate cause,proportional causality and dominant principle.Chapter three will analyze and comment on typical cases based on the theory of chapter one and Chapter two.In recent years,there have been many disputes caused by the lack of explicit provisions on the determination of causality in laws.In this chapter,the case of "Lu Rongyu 1813/1814" firstly points out the ruling dilemma caused by the lack of explicit provisions on the determination of causality in China under current circumstances.Then through the analysis of typical cases under different forms of causality,compare several different standards of causality identification,finally get their own judgment,find out the causal theory.The fourth chapter,based on the conclusions of the previous three chapters,puts forward some suggestions and ideas on the legislation and judicature of causality determination in Marine insurance.By transforming the idea into written provisions,the identification path of causality can be clearly defined.At the same time,through judicial interpretation and guiding cases,people can have further theoretical cognition of the identification of causality and have a relatively unified judgment scale.