论保险法上的近因原则

Principle of Proximate Cause in Insurance Law

近因原则最早产生于英国,它是保险损害赔偿中的重要原则,由于它直接决定着保险人是否承担保险合同项下的赔付责任、在保险理赔中起着关键性的作用,所以各国都把它作为保险法的基本原则之一。遗憾的是我国保险法并没有近因原则的表述,而实务中理赔与诉讼又往往去运用近因原则,成文法的缺失导致实践中保险理赔的诉讼案件判决不一。本文从近因原则的产生、涵义、以及具体运用入手,具体阐述了近因原则在保险理赔中的重要性,以抛砖引玉,呼唤我国保险立法能够尽快确认近因原则,与国际保险实践相接轨。

The Principle of Proximate Cause came originally from the Britain, which is an important principle in compensation of insurance. As it can decide if the insurers will take responsibilities according to the items of insurance contacts and it plays critical roles in compensation of insurance, each country regards it as one of basic principles in insurance law. It is pity that there is no statement of Principle of Proximate Cause in Chinese insurance law, but in practices of compensation and lawsuit it tends to be used. The deficiency of statute law leads to inconsistent sentences of insurance compensation lawsuit cases. So this paper concretely elaborates the significance of Principle of Proximate Cause in insurance compensation proceeding from the produce, definition and specific application of the Principle to offer a commonplace remarks by way of introduction so that others may come up with valuable opinion, to appeal to confirm Principle of Proximate Cause of our country＇ s insurance legislation as fast as possible, to keep up with the steps of international insurance practices.