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一、引言近因原则起源于英美法系,而明确将近因原则作为海上保险法的基本原则的是英国《1906年海上保险法》(Marine Insurance Act,1906)。在英美法系国家,经过多年判例的积累,近因原则得到了极大盼发展,在国际海上保险范围内的影响不可忽视。目前在我国海上保险领域运用近因原则确定海损赔偿相关立法和实践操作规则还不成熟,特别是我国《海商法》没有确立近因原则,给海事司法实践带来了一定的困难。为了保持我国立法的稳定性、先进性,笔者认为海上
I. INTRODUCTION The principle of proximate origin originated from the Anglo-American legal system. The principle of the principle of proximity as the basic principle of maritime insurance law is the British Marine Insurance Act 1906. In Anglo-American legal system countries, after years of accumulation of precedents, the principle of proximate cause has been greatly anticipated, and its influence within the scope of international maritime insurance can not be ignored. At present, the application of the principle of proximate cause in the field of maritime insurance in our country is not yet ripe for the operation of the relevant legislative and practical rules. In particular, the principle of proximate cause is not established in the Maritime Law of our country, which has brought some difficulties to the judicial practice of the maritime law. In order to maintain the stability and advanced nature of our legislation, the author believes that at sea