近因原则的法律适用及其限制研究

发布时间：2018-06-17 23:00

本文选题：近因原则 + 判断规则　；参考：《内蒙古大学》2015年硕士论文

【摘要】：本文旨在对保险法近因原则的适用与相应局限性,以及其在适用进程中所面临的阻碍和解决方法进行探究。虽然在我国的保险法中并没有完整的近因原则的概述,但是在实践操作中相关问题却很多,因此,本文最终的目的是,基于国内保险法发展相对落后的现实,能够给保险理赔案件审理予以参考、认定,权衡保险方与被保险方彼此间的利益,进而推动保险业的持续稳定发展。本文主要分四个问题讲述了近因原则的适用及其限制。第一主要讲述了近因原则的含义及价值。第二主要介绍近因原则适用中的认定规则及除外条件。一是造成保险标的损害的原因只有一个,则这类原因就属于近因。二是多个原因并存导致的损失,且均属于近因,而保险方仅仅承担偿付保险事故所导致的亏损,置非保险事故所导致的亏损于不顾。三是多个原因相继发生导致的损失,大多将最近、有效因素当作近因。四是新介入原因成为近因的条件有哪些。第三个问题主要讲述近因原则的排除因素有哪些,在具体实践中,又该如何进行排除。笔者认为主要有条款规定范围以外原因的排除及被保险人自身因素影响的排除。第四个问题主要分析近因原则在适用中的限制。首先是在立法中这一原则的局限性,其次是具体应用中这一原则局限性。
[Abstract]:The purpose of this paper is to explore the application and limitation of the principle of proximal cause of insurance law, as well as the obstacles and solutions in the process of its application. Although there is no complete summary of the principle of proximal cause in the insurance law of our country, there are many related problems in practice. Therefore, the ultimate purpose of this paper is to base on the reality that the development of domestic insurance law is relatively backward. It can give reference to the trial of insurance claim cases and determine that the interests of insurance parties and insured parties should be weighed to promote the sustained and stable development of the insurance industry. This paper mainly discusses the application and limitation of the principle of proximate cause. The first part mainly describes the meaning and value of the principle of proximal cause. The second part mainly introduces the recognition rules and exclusion conditions in the application of the principle of proximal cause. One is the reason that causes insurance mark damage only one, this kind of reason belongs to near cause. The other is the loss caused by the coexistence of many reasons, all of which belong to the near cause, but the insurer only undertakes to pay the loss caused by the insurance accident, ignoring the loss caused by the non-insurance accident. Third, many reasons have caused the loss, most of the recent, effective factors as a proximate cause. Fourth, what are the conditions under which the new intervention causes become the proximate cause. The third question mainly talks about the exclusion factors of the principle of proximal cause, and how to exclude them in practice. The author thinks that there are the exclusion of the reasons outside the scope of the clause and the exclusion of the insurant's own factors. The fourth question mainly analyzes the limitation of the principle of proximate cause in its application. The first is the limitation of this principle in legislation, and the second is its limitation in concrete application.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D912.28

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