Applicable Research On Subrogation Of Expense Compensation Medical Insurance

The cost-compensation medical insurance is a type of insurance with a compensatory nature in life insurance.It is affected by the classification criteria of insurance contracts in China's Insurance Law,the scope of application of insurance subrogation rights,and the thinking mode of“personal priceless”.The insurance subrogation right that makes the loss compensation principle and its derivative system cannot be applied to the insurance field.The controversy that has caused it has caused the attention of both the theoretical and practical circles.However,the problem is still unclear.This will undoubtedly The problem of harmonization of insurance practice and judicial trials is troubled.According to the nature of cost-compensated medical insurance and current experience in insurance practice,it should be made clear that the loss suffered by the insured person is a specific property loss,and the application of insurance subrogation right is its rightful purpose.In order to regulate this issue,it is necessary to proceed from the existing legal provisions,find the legal loopholes in it and carry out legal interpretations,or introduce judicial subrogation rights through judicial interpretation.Starting from the root of the problem,we should reconstruct the classification of insurance contract from the perspective of legislation or re-confirm the scope of application of insurance subrogation right,and find a strategy for the cost-recoverable medical insurance to apply insurance subrogation right.