The Study On The Application Of Double Insurance Rules In China's Medical Expense Insurance

Double insurance rules as one of the three big derived principles loss compensation principle,designed to prevent the insured from the happening of insurance accident and unjust enrichment,to get more than the actual loss of property insurance pay,and ultimately achieve maintain insurance market order,the purpose of reducing transaction costs and a sound system of insurance development.In terms of the whole insurance legal system in China,the law expressly provides that double insurance rules can be applied to property insurance;but double insurance can be applied to personal insurance,especially whether is suitable for the Medical Expense Insurance ?There is a lot of controversy in academic circles,and the opinions of judicial officials everywhere are not uniform.Is positive,"health insurance management method" and "the supreme people's court about the applicable" insurance law of the People's Republic of China >(3)the explanation of some issues,breakthrough the limitation of the traditional insurance legislation in our country,have set up some rules,and a breakthrough;But the regulation is extremely general,the expression is extremely simple,the specific rule is lack of design.In fact,the Medical Expense Insurance is not completely unable to apply the double insurance rules,in theory there is a certain basis.On the one hand,don't think medical expense insurance can apply double insurance rule,the most fundamental reason is: "insurance law" in different nature of the subject-matter insured is divided into two categories,namely: the personal and property insurance contract.But with the booming development of the insurance industry,this kind of classification can not cover all types of insurance,and has been criticized more and more.Looking at the nature of medical expense insurance,it not only has personal attributes,but also has property attributes,so it is possible to apply double insurance.On the other hand,in the case of legislation,the insurance law of Japan stipulates the double insurance rules in the insurance policy,and double insurance covers the coverage of injury insurance in the case.In the Anglo-American legal system,although there is no explicit provision in the law,the application of double insurance in medical expense insurance is finally confirmed through case study.While Germany stipulated scope of application of double insurance is not restricted by personal or property insurance,as long as the happening of insurance accident,the insured losses,can be identified for the losses according to law compensatory insurance provisions of double insurance.While the basis for medical treatment insurance is double insurance rules have provided the certain rationality,but we also cannot ignore the theoretical controversy,such as: medical expense insurance for repeat rules,insurance value is difficult to determine;Whether there is a problem of unjust enrichment.Therefore,this paper discusses the application of double insurance rules in medical expense insurance,and then analyzes the relevant content of medical insurance and double insurance.On the double insurance,under the premise of the current laws and regulations,emphatically expounds the medical expense insurance for the three major obstacles of double insurance rules,respectively is: the nature of the medical expense insurance disputes over expenses,insurance value can not be sure and compensation constitute unjust enrichment is questionable;Finally,this paper makes an explanation of the above disputes,and discusses how to apply the repeated insurance rules reasonably in medical expense insurance.