摘要
基本医疗保险服务协议是规范社会保险经办机构和定点医疗机构、定点零售药店双方行为的行为准则和重要法律依据,然而,对其法律性质的认定,学术界和实务界一直存有争议。行政私法合同是行政主体运用私法合同达致行政公法目的的手段,基本医疗保险服务协议符合行政私法合同的特征和本质属性,因此,基本医疗保险服务协议的法律性质是行政私法合同。
The basic medical insurance agreement is the important legal basis and the code of conduct in regulating social insurance agency and designated medical institutions and designated retail pharmacy. There has been controversial in the practice circle for the legal nature of the basic medical insurance agreement. Contracts under administrative private law is a means that is adopted by the administrative bodies to achieve the purpose of the law of administrative, the basic medical insurance agreement relates with features and essential attribute of contracts under administrative private law, therefore, the basic medical insurance agreement is a contract under administrative private law.
出处
《中国卫生法制》
2013年第3期19-22,51,共5页
China Health Law
关键词
基本医疗保险服务协议
法律性质
行政私法合同
The basic medical insurance agreement
The legal nature
Contract under administrative private law
