Study On The Improvement Of Medical Insurance Legal System In China

The legal system of medical insurance is an important part of the law of social security, and is the legalbasis and guidelines for the operation of the whole medical insurance system. It is not only the legalconfirmation of the reform achievement of medical insurance system, but also the basic legal basis andprotection for the futural reform and improvement of medical insurance system.Therefore, the author believes that the improvement of medical insurance legal system must be theprecondition of the reform and improvement of medical insurance system in China. To this end, based onthe study of basic theory of medical insurance legal system, the basic principles and recommendations areput forward to perfect the medical insurance legal system in China.The article provides an overview of the concept and nature of medical insurance, then further exploresthe concept and characteristics of medical insurance legal system, and analyses the composition of themedical insurance legal relationship, in order to lay the legal basis for the improvement of the medicalinsurance.The development process of medical insurance legal system since the founding of China issystematically discussed. The stage after the Reform and Opening up is emphatically elaborated on the baseof the introduction of the traditional medical insurance system. Hope to sum up the rule of development ofthe medical insurance system, in order to offer helpful lessons for the next step to improve medicalinsurance legal system in China. And the status quo of China's medical insurance legal system iselaborated.The article introduces the modern medical insurance law history in the world, by dividing it into four stages, the stage of its bud, its formal establishment, its comprehensive development and its reform andimprovement, and sums up the available useful enlightenment and experience beneficial to theimprovement of medical insurance legal system in China, from the comparative analysis of the majormodes and reforms of the world medical insurance systems.As for the proposals to improve medical insurance legal system, the necessity to improve medicalinsurance legal system is first discussed from the following aspects, itself perfection of medical insurancelegal system, to improve the socialist market-oriented economy and maintain social stability and to securitythe citizens' right to medical care. It is advised that the following five basic principles should be adhered to,the combination of fairness and efficiency, the combination of rights and obligations, the combination ofuniversality and distinction, to meet the basic medical needs and to improve step by step. To perfect thelegislation for the medical insurance gradually by the changes from local legislation to the nationallegislation, from administrative legislation to authority legislation macroscopically and microscopically bypromptly enacting the" Basic Medical Insurance Regulations"; To strengthen top-level design, timely toadvance the reform of the management system, to promote the balanced medical insurance in urban andrural step-by-step; To cancel the medical insurance individual account gradually, and universally advancemedical insurance out-patient co-ordination; To establish a multiple standard dynamic financingmechanism; To reform the medical insurance payment system by establishing the mechanism ofnegotiations between medical insurance organizations and medical service providers, forming a compositetype of payment centered with prospective payment system.