| With the progress of China’s economy and society,the continuous improvement of citizens’ consumption concept and insurance awareness,the rapid development of social insurance and commercial insurance,There are more and more cases of citizens insuring employment injury insurance,compulsory traffic accident insurance and accident injury insurance at the same time,and the cases of the above three kinds of insurance triggered simultaneously when employees are injured by traffic accidents due to their work are also increasing.However,there is no provision in Chinese law on how to deal with the conflict of claim rights for compensation in this case.The principle of loss filling is not applicable to the claim for insurance money in personal insurance contracts in current law.This legislation status quo is in contradiction with the applicant’s demand of applying the principle of loss filling to the medical expenses insurance under the health insurance and injury insurance.And in recent years,the trial ideas in theory field and judicial field of the conflict of above three kinds of insurance claims rights are different,there is no unified standards,and judicial results are even contradictory sometimes.Under the conflict of three kinds of insurance claim rights,what is the relationship among them,whether it can be exercised at the same time,how is the order and proportion of their compensation,and whether the principle of loss filling should be applied,These problems need to be clarified and resolved urgently.First of all,we should get an accurate understanding of the connotation of"conflict","competitive","concurrence",and "aggregation" when we study the conflict of claim rights for compensation of above three kinds of insurance.The expression of "concurrence" of claim rights without analysis is not accurate and it should be expressed as "conflict" of claims rights firstly.After further analysis of the conflict of above three types of insurance claim rights,we find it is in line with the coexistence of more than two claim rights at the same time,several claim rights arising from the same legal fact,a number of claim rights can be claimed simultaneously,it should be handled according to the aggregation of claim rights,that is to say,the three claim rights of insurance compensation are all awarded.In terms of compensation order,due to the wider scope and higher efficiency of compensation for employment injury insurance and compulsory traffic accident insurance,and there is a fund advance system and other characteristics,priority should be given to claim rights of them.In terms of the specific amount of compensation,whether the principle of loss filling is applicable to medical expenses items is the focus of controversy.It not only has the property of personal insurance,but also has the property of property insurance.The principle of loss filling should be applied to medical expenses insurance because of its special property and the requirement to prevent moral hazard.Expenses of death compensation items also need to be further analyzed according to the comprehensive characteristics of specific item,which can not be simply divided by personal attributes or property attributes.In order to fill the legislative gap,it is proposed to add provisions in the "Insurance Law" to clarify that when accident injury insurance,employment injury insurance and compulsory traffic accident insurance are triggered at the same time,the three claim rights of insurance compensation shall be all claimed according to the aggregation of claim rights.At the same time,establish a separate third field insurance to solve the problem of applying the principle of loss filling for medical expenses insurance.What’s more,The Supreme Court ought to issue judicial interpretation,guiding cases or even conference minutes,to set a unified norms of specific rules in the cases of conflict of above three claim rights of insurance. |
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