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Research On Legal Problems Of Compensatory Medical Insurance

Posted on:2019-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:J YanFull Text:PDF
GTID:2416330566474705Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China's current “Insurance Law” only stipulates the principle of loss compensation for property insurance,and excludes personal insurance completely from the application of loss compensation principles and their specific systems(Repeat insurance;Subrogation;Insurance cooperation).But,so as to cater the requirement of the insurance industry develop in China,China's Insurance Regulatory Commission issued the "Management Measures for Health Insurance" in 2006,and affirmed the principle of loss compensation for compensated medical insurance in personal insurance in the form of administrative regulations.As the insurance law of China is concerned with personal insurance.The inconsistency between the legal provisions and the administrative regulations,ie,whether the scope of application of the loss compensation principle should include personal insurance contracts? In the case that the compensation medical insurance contract is inconsistent with the provisions of the current insurance law,the insurer and the insured are controversial about the effectiveness of the compensated medical insurance contract,resulting in a large number of medical insurance contract disputes;at the same time,in judicial practice When people's courts deal with related insurance cases,they also fall into the contradiction of whether the compensated medical insurance contract is effective.In order to promote the development of life insurance in China,in the life insurance system of China's insurance law,the principle of loss compensation and its three major derivatives systems should be fully introduced to solve the problems caused by the inconsistency between the contract of compensation medical insurance and the provisions of the current insurance law.Equal protection of the rights of the insurer and the insured,safeguarding the healthy development of the insurance business.
Keywords/Search Tags:Compensatory medical insurance, Loss compensation principle, Repeat insurance, Subrogation, Insurance cooperation
PDF Full Text Request
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