釋字550號解釋之法律經濟分析

Since the enforcement of national health insurance in 1995, several constitution related issues have been raised. They were solved and interpreted by the justices from the Judicial Yuan on the basis of social welfare. According to the article 27 of the national health insurance law, the local government should subsidize the premium per rata. Taipei municipal Government asserted such pro rata distribution violated its constitutional right of autonomy, and filed a petition to the Grand Justices for constitutional interpretation. The Grand Justices set up the constitutional interpretation No.550 and found that the provision indispute didn't violate the constitutional law, and yet has been aroused extensive academic debate around researchers and scholars on the rightfulness of the interpretation. First of all, this article will intruduce to the readers the constitutional interpretation No.550, and the nature of the premium of the national health insurance thereon. Secondly, the article will indicate that the primary issue of interpretation No.550 is how to balance the interests of the system of the whole people health insurance and that of the autonomic right. On thebasis of the former explication of the legal concepts, this article will go futher to continues study the benefits and loses under separate system that the premium is completely subsidized by the central government and that which is jointly subsidized by the local and the central government per rata. This article will conclude that the former system is more efficient and more in comformity with constitutionally political responsibility.

並列關鍵字

social marginal benefits ； social marginal costs

國際替代計量

釋字550號解釋之法律經濟分析

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