The Research On Legal Coordination Of Social Medical Insurance And Commercial Medical Insurance

The insurance system is regarded as a social safety network for its role in withstanding risks.Social and commercial insurances are responsible for risks across various fields.For instance,medical risks are shared by social and commercial medical insurances jointly.There are some problems with the existing medical insurance system such as the narrow insurance coverage hard to deal with increasing medical expenses and vicious competition between social medical insurance and commercial medical insurance leading to unreasonable allocation of the limited medical resources.The solution to these problems relies on the better coordination of social medical insurance and commercial medical insurance which helps construct a multilevel medical insurance system,improve the ability of citizens to resist risks,and orchestrate a harmonious society.This thesis will define basic concepts of social and commercial medical insurances respectively,summarize and compare their features,and finally prove the complementarity between the two through demonstrating their features,objective functions,supporting policies,and practical tests.Explain the legitimacy and necessity of the principle of Compensation of Lost in the medical insurance field from the aspect of its causes,value,and functions.With such academic preparation,the thesis will go further to analyze the coordination of social and commercial medical insurances.We find that existing guidance documents are of a lower level.For instance,the binary relationship between the life insurance and property insurance in the Insurance Law leas to the failure of the principle of Compensation of Lost in medical insurance field.Limited coverage of medical insurances and frequent disputes over competition and cooperation urgently call for better coordination between social and commercial medical insurances to give full play to the complementary role of commercial medical insurance and improve the level of medical insurances.Through the study of the practice models of the foreign countries' reform,it is found that the foreign countries not only expand the functions of commercial medical insurance in the medical insurance system,but also pay attention to advancing the improvement of laws and regulations in the insurance field which can guarantee the stability.The reform should be led by institutions.Therefore,how to institutionalize the existing measures has become the key point of this study.It is advised to restate the classification of insurance contracts to implement the principle of Compensation of Lost,enable legal declaration of the complementary function ofcommercial medical insurance through legislation and add the consulting obligation of commercial insurance companies to reduce follow-up disputes.