Social Health Insurance Legislation

In the coming age of socialism market economy in China, perfect market economy still needs to be guaranteed by social security system. As for social medical insurance,an important part of social security system, at present, there exist some problems, such as inadequate knowledge a-mong people, ineffective enforcement of laws and regulations and incomplete coordinated policies. Through the ;nvestigation of overseas medical insurance system and the analysis of China's status guo of medical guarantee, the author considers that only through legislation can the social insurance system with Chinese characteristic be basically ensured to be realized steadily and developed in a healthy style. The following exposition will be about the major problems related to legislation for social medical insurance.Medical insurance belongs to one part of health insurance,when the insured are ill or parturient, the insurer arc obliged to pay for medical charge,the insured can dispatch all or part of medical charge according to the articles of insurance contract. Generally speaking, social medical insurance is a kind of coercive medical insurame which is organized and carried out by government not for profit and the insuants cover all the peeple. Commercial medical insurance is a non - coercive one which is undertaken by commercial organizations for profit and its coverage is quite limited. Social medical insurance law should regulate all kinds of social relations in it. After investigating the features,jural relations and rights and obligations among subjects in social medical insurance law, this paper proposes that we ought not to establish"aristocraltic"social medical insurance system and should take the condition : social medical insurance amongnine billion peasants into account. Precautions, health protection and rehabilitation should also be considered in social medical insurance system whose main task is to provide medical service.The overseas social medical insurance law has gone through three stages:radimentary stage,the stage of the rise of legislation and fully established stage. Through the explication of Chinese public health service and medical care system in labor insura; ;c,this paper reveals the reason why that kind of medical safeguard system with state welfare characteristics must be replaced by a new kind of medical insurance system.After the probe of several main models of social medical insurance, the author puts forward a new social medical insurance modle combining overall social planning with personal accounts. This model is characterized by legalization for social medical saieguard system, medical service with government intervention on major role and market regulation on the supplementary role and sanitary institutions operated independently.In the light of foreign experience in legislation for social medical insurance, the author analyses the necessity and feasibility of it in China. Providing foundation and guarantee to enforcement of social medical insurance and enbodying basic rights and obligations of citizens, the legislation will fill the needs of promoting the population to develop in a planned way,guaranteeing the realization of our country s imputation development goal, maintaining social stability and safeguarding people's benefit. On the analysis of feasibility, the author considers that subjective and objective circumstances now are fit for its enforcement,that is,market economy system established and subjects of social interest becoming more and more multiplex. As diseases closely related with individual actions have become the main health problem, its solution lies in not only joint force of social members but also strengthening of individual respon-sibilities. Nowadays,governments at all levels have worked out some feasible execution plans and set up several working groups about it. In addition, we can draw on the experiences of foreign countries on the relevant legislative actions.With respect to legislation for social medical insurance, several propositions are put f...