A Study On The Causality Of The Interpretation Iii Of The Supreme People’s Court On Several Issues Concerning The Application Of The Insurance Law Of The People’s Republic Of China

The Insurance Law is now playing a vital role in the modern risk society.It is depended on whether the insured’s loss is caused by an accident covered by the insurance when judging if the insurer should assume the insurance liabilities in practice,that is,the determination of the causal relationship.The principle of proximate cause has become the recognized insurance law theory both in China and abroad,while it is not covered by our Insurance Law.In the Interpretation III of the Supreme People’s Court on Several Issues concerning the Application of the Insurance Law of the People’s Republic of China issued in November,2015,the Principle of proportion has become the new legal provision in clause 25,which has sparked controversy.It is a matter of debate to clarify the causal relationship in our insurance law.In the first chapter,the author starts from the proximate cause and then introduces the principle of causality,which is the important principle of judging causality in insurance cases.The application of the principle of proximate cause criteria is not static,from time to time standards are now widely recognized as the effectiveness of standards.As a statute country,any principle and system should be reflected in the legislation.The absence of the principle of proximate cause raises many problems in practice,and this principle should be perfected in law.It is noteworthy that,in some cases the principle of proximate cause cannot draw a reasonable conclusion,the proportion of the principle of apportionment came into being.In the second chapter,the origin and development of the principle of proportionality are discussed in detail,and some important considerations in the application of this principle are discussed,especially in combination with the Interpretation III of the Supreme People’s Court on Several Issues concerning the Application of the Insurance Law of the People’s Republic of China and the related latest cases.In the third chapter,the author analyzes the other concepts that may be confused with the causality of insurance law by comparative analysis,and expounds the burden of proof that often overlooked and often plays an important role in the case.Through the above discussion,combined with the current legislation and practice,China’s insurance law to determine the causal relationship between the principle of proximate cause should be based,supplemented by the principle of proportion.A proximate cause is the most substantial and effective cause of loss.And when the loss is covered by the risk,non-insured risk or exemption caused by difficult to determine the cause,the court can be pro-rated to support the insured,the beneficiary.In the last part of this paper,the case of insurance law is listed in detail,one by one corresponding to the principle of proximate cause or the principle of proportionality.The above conclusion is proved more effectively by empirical method,and the effect of Article 25 of the Interpretation III of the Supreme People’s Court on Several Issues concerning the Application of the Insurance Law of the People’s Republic of China best response.