Research On Intermediate Insurance System

Health insurance and accidental injury insurance are classified as personal insurance in China's insurance law,and personal insurance should be strictly applied to the principle of quota payment.With the development of the insurance industry,people gradually realized that the insurance with the nature of damage compensation in life insurance,such as health insurance and accidental injury insurance,does not belong to the property insurance in the sense of traditional damage compensation,nor is it purely a fixed benefit.Personal insurance,according to its characteristics,is actually another type of insurance between property insurance and life insurance.Scholars call it "intermediate insurance" or "third-field" insurance.There is considerable controversy in the theory and practice of such insurance.In practice,the phenomenon of “different judgments in the same case” often appears for such insurance.In theory,whether or not intermediate insurance applies the principle of damage compensation has always been the focus of debate.This article starts with the different judgments of similar cases in China's judicial practice,and combines China's insurance contract classification standards,methods,and analysis of loss compensation theory in insurance law to reveal the deficiencies in the current legislative logic.Then,we combine the classification criteria of foreign insurance contracts to conduct research and conceive of the classification of insurance contracts suitable for China.Finally,we analyze whether the intermediate insurance is subject to repeated insurance or subrogation rules derived from the principle of damage-filling.Judgment,trying to give the specific criteria of such insurance in the practice,so as to truly solve the problem of judicial confusion of "intermediate" insurance.This article is divided into four chapters.The first chapter defines the concept of intermediate insurance from the academic point of view and national legislation.The second chapter introduces the legislative status quo and theoretical cognition of intermediate insurance in China and focuses on the application of the principle of damage compensation.Whether domestic scholars can apply the principle of damage compensation in their intermediate insurance or not,the author argues that the principles of damage compensation should be applied to health insurance and accidental injury insurance;the third chapter,combined with the introductory cases,makes a decision on the disputes that China's intermediate insurance faces in practice.Combating and analyzing the reasons;Fourth,the author elaborates on the specific suggestions for the design of intermediate insurance-related systems,including the analysis of the legislative model of insurance contract classification,and the principle of derivation of the principle of damage compensation—subrogation of insurance subrogation,duplicate insurance The application of rules and insurance co-opetition rules in intermediate insurance.