Journal of Northeastern University(Social Science) ›› 2017, Vol. 19 ›› Issue (6): 625-630.DOI: 10.15936/j.cnki.1008-3758.2017.06.011

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Identification Standards for Causation in German Accident Insurance and Its Implications

ZHAO Yue1,2, LI Xue2, ZHANG Hong-jian3   

  1. (1. Law School, Liaoning University, Shenyang 110036, China; 2. Basic Teaching and Research Division, Party School of CPC Shenyang Committee, Shenyang 110036, China; 3. Graduate School, Beijing Language and Culture University, Beijing 100083, China)
  • Received:2017-02-10 Revised:2017-02-10 Online:2017-11-25 Published:2017-12-01
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Abstract: Causation has been an important issue in the theoretical and practical fields of the science of law, and after two hundred years' effort, Germany has established the systematic identification standards for the general accident insurance and industrial injury accident insurance respectively. In the general accident insurance, Germany implements the “proportionated” identification standards for the cause-effect relationship. In the industrial accident insurance, Germany gives priority to the “substantial conditions”. In contrast, China hasn't clearly stipulated the cause-effect identification standards for accident insurance, which leads to some disorder in the legal practices. It is suggested that China should follow the model of Germany and establish a causation identification system which is different from that of the civil laws. To be specific, China should implement the “proportionated” cause-effect identification standards in general accident insurance and the identification standards for the “substantial conditions” in industrial accident insurance.

Key words: Germany, general accident insurance, industrial injury accident insurance, causation

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