关键词: 重大过失; 保险事故; 保险责任; 比例酌减原则

Abstract: The current insurance law lacks clear provisions on the legal consequences of the losses of the insured caused by gross negligence， which leads to a dispute over whether the insurer should bear the insurance liability. From the perspective of introducing the German-style proportional payment principle into China's insurance law， compared with the “payment unless exceptions” mode in common law jurisdictions and the “blanket exclusion” mode in civil law jurisdictions which are both influenced by the “all-or-nothing” principle， the principle of proportional payment rightly reflects the contemporary requirement of the balance of the principle of utmost good faith， the principle of insurance consumer protection and the principle of equilibrium， and thus has a unique and outstanding comparative advantage. Moreover， it has proved by the legal practice that difficulties and problems in the judicial process of the principle of proportional payment will also be eliminated gradually. The introduction of the principle of proportional payment in China's insurance law is not inconsistent with current legal system and has a promising future.

Key words: gross negligence; insured perils; insured liability; principle of proportional payment