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The Research Of Integration And Docking Between Social And Commercial Health Insurance

Posted on:2015-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:J Z WangFull Text:PDF
GTID:2296330452966961Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Nowadays the topic of the docking between the social medical insuranceand the commercial medical insurance is popular. Dichotomous methodwhich contains property insurance and life insurance has been taken ininsurance legislation. Therefore, the general point is the principle of loss offill only apply to property insurance not for life insurance. However, thecommercial medical insurance of life insurance both has some character ofproperty insurance and life insurance. Academics opinions are divergent andit is hard to achieve common point in insurance practice and court judgment.The function of insurance is to compensate. So it is against the insuranceprinciple if totally exclude the principle of loss of fill which apply to medicalinsurance under the current judicatory system in our country.The article firstly list the verdict of two insurance case with oppositeresult and lead the existing controversy among insurance, law and judiciary about if commercial medical insurance fits the principle of loss of fill.Secondly, the article begins with introduction of the legislation situationrelated to the social medical insurance and commercial medical insurance.Thirdly, the third part and forth part of the article mainly analyze thepossibility of applying the principle of loss of fill in commercial medicalinsurance. Besides, a feasible solution is given in the two parts about thosewho attempt to have double payment in the social medical insurance and thecommercial medical insurance. Finally, the fifth part combines the reason forcontroversy and puts specific legislative suggestions to improve the insurancelegislation and at the same time to give the advice for the insurance companyabout how to deal with these issues under current legislative environment. Ihope some contribution will be helpful for the building of our health caresystem.
Keywords/Search Tags:social medical insurance, commercial medicalinsurance, the principle of loss of fill, fixed benefit
PDF Full Text Request
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