Study In Several Legal Issues On Cpmmercial Health Insurance

Recently, most disputes caused by commercial health insurance contracts come from the application of principle of indemnity and subrogation. There are a variety of relevance theory of insurance laws, and from this has created many applicable contradictions. The phenomenon reflects the lag in theories research and the faultiness in the legislation of insurance law.In China, health insurance system mainly includes social health insurance sponsored by government and commercial health insurance. As one of five types of state-fixed social insurance, social health insurance system is a big part of society insurance system. It is very important to establish a low level and broad coverage basic social health insurance system under the dominance of government. Also, to build a perfect health insurance system is the core of Chinese medical system reform. With the sustainable developing of economy, commercial health insurance system may match the higher needs of people and share the burden of loss or benefit of gain for risk. Commercial health insurance has great market potential as important supplement of social health Insurance system. At present, commercial health insurance has accepted by most residents and must be a main funding channel for hospitals and medical institutions in future. So while the coverage of basic social health insurance may be raised emphatically, the construction of supplementary health insurance system should advance and develop energetically. The meaning of principle of indemnity is the insurer should be obliged to make compensation or payment according to the insured's loss or damage occurred. The insured can only recover no more than his or her actual loss from the insurer. As basic theory of insurance system, principle of indemnity can prevent moral hazard and avoid unjust enrichment. This is a rather controversial issue and academe hold quite different opinions of the scope of application of indemnity. Also, the right of insurance subrogation may gradually be emphasized with the development of the insurance industry. However there is insufficient understanding about subrogation in theory and practice in China. And Insurance Law provides a very streamlined about insurance subrogation. Aiming at the above-mentioned problems, this article will further the understanding to the principle of indemnity and the right of subrogation related to commercial health insurance, and put forward some suggestions on perfecting insurance law and relative policies from updating the classification, making related supplementations, defining the insurance benefit or the application range of indemnity with abroad laws as reference.