Analysis on the Difficulties and Legislative Suggestions of the Proximate Causes of Insurance Law

DOI

10.2991/emle-18.2018.151How to use a DOI?

Keywords

proximate cause principle; insurance law; causality; judicial application; legislative advice

Abstract

As an important principle of the insurance law, the principle of proximity is of great significance for determining whether an insurer should assume insurance liability. With the development of China's insurance business, the principle of proximity has gradually been adopted in judicial practice and insurance practice, in order to accurately grasp the principle of proximity, and apply it to the practice of insurance claims in China. This paper will discuss the concept of the principle of the proximate cause and propose methods and standards for the determination of the proximate cause and the proximate cause in different situations. At the same time, through the analysis of the cases of the proximate principle in the insurance trial in China, the problems and causes of the application of the proximate principle in judicial practice are found out, and corresponding suggestions are put forward to solve the above problems.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Xiao Sa
PY  - 2018/12
DA  - 2018/12
TI  - Analysis on the Difficulties and Legislative Suggestions of the Proximate Causes of Insurance Law
BT  - Proceedings of the 4th International Conference on Economics, Management, Law and Education (EMLE 2018)
PB  - Atlantis Press
SP  - 789
EP  - 793
SN  - 2352-5428
UR  - https://doi.org/10.2991/emle-18.2018.151
DO  - 10.2991/emle-18.2018.151
ID  - Sa2018/12
ER  -