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近因原则是判断标的物损失事实与原因之间联系的重要原则,也是很多国家《保险法》中明文规定的重要原则。因为中国的《保险法》中并未规定这条原则,这使得司法实践中法官在判断具体案例中因果关系的时候面临着许多的困难,也引发了实践与理论之间的冲突。本文在分析近因原则的含义和适用规则基础上,重点对我国适用近因原则应当注意的地方做出深入分析。
The principle of proximate cause is an important principle for determining the link between the fact of loss of the subject matter and its causes and is also an important principle stipulated in the Insurance Law of many countries. Because China’s “Insurance Law” does not provide for this principle, which makes judges in judicial practice in determining the causal relationship between specific cases when faced with many difficulties, but also led to the conflict between practice and theory. Based on the analysis of the meanings and applicable rules of the principle of proximate cause, this article focuses on the in-depth analysis of the places in China that should pay attention to the principle of proximate cause.