The Legal Regulating Of The Moral Hazard In Social Health Insurance Act

At present, China has achieved full coverage of social health insurance, universal health care to start with, the social security health insurance funds directly concerning a sustainable development of social health insurance industry. However, there is a serious threat to the moral hazard and undermine the security of our social health insurance fund. Although academics from economics, sociology, management and other moral perspective on social health insurance has been diligently exploring risk prevention, achieved fruitful results, however, in reality, intensified moral hazard, a serious erosion of the social health insurance fund, the urgent need to explore use legal means to social health insurance in the path of moral risk regulation.Paper, through the social medical insurance traceable moral hazard analysis, preliminary social health insurance moral hazard has been defined, this makes a certain understanding and knowledge. And on their problems, the article mainly moral and medical institutions, the risk of the two main parties in the behavior from mild to severe, are described and summarized from legality to illegality of this process, concerns, explore the country on this issue how to prevent, how legal regulation. In Japan, Germany, the United States and other developed countries, lessons learned and evaluation of legal regulation, to being in a critical period of China’s social security reform is very important to learn.Finally, the paper also tries to China’s development model and to study the status of the legal system, a clear obligation on the subject further liability for breach of duty required by law, building obligations, rights with strict liability system, making it better play a role in the implementation of real positive social medical insurance system, benefits benefit people.