12,406 research outputs found
The law of insurance contractsi n the People's Republic of China. Comparative analysis of policyholders' rights.
The implementation of China's economic reforms, beginning in the early 80's, and the formal establishment of a "Socialist Market Economy" in the following decade, stimulated substantial changes and improvements in the Insurance Laws and Regulations of the People's Republic of China (hereafter: PRC). The need for a modern and sophisticated legal framework aimed at regulating rights and remedies arising out of insurance contracts, as well as the insurance business in general, became clear and compelling as soon as the Communist State began its slow but inexorable retreat and it ceased to take care of every aspect of the life of the Chinese People. In the new socialist market context, the insurance contract is predestined to become the most important legal and economic tool available to those individuals who are not willing and/or able to bear the entirety of the risks associated with the implementation of the modern economic reforms. Against such backdrop, this paper is aimed at exploring the history of insurance in China as well as the framework of insurance laws and regulation enacted in the PRC during the recent years. In particular, the focus of this essay will be upon the legal principles and rules that currently govern insurance contracts and the relationship thereby established between the insurance company and the insured. Hence, the analysis of the legal protection of policyholders' rights and interests in China will center around the rules of insurance contracts interpretation, integration and performance at present in force. In light of the international nature of the contract of insurance, this paper will also offer a comparison of different approaches to policyholders' protection adopted in various legal systems belonging to both the common law and the civil law tradition.
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Towards universal health coverage: lessons from 10 years of healthcare reform in China.
Universal health coverage (UHC) is driving the global health agenda. Many countries have embarked on national policy reforms towards this goal, including China. In 2009, the Chinese government launched a new round of healthcare reform towards UHC, aiming to provide universal coverage of basic healthcare by the end of 2020. The year of 2019 marks the 10th anniversary of China's most recent healthcare reform. Sharing China's experience is especially timely for other countries pursuing reforms to achieve UHC. This study describes the social, economic and health context in China, and then reviews the overall progress of healthcare reform (1949 to present), with a focus on the most recent (2009) round of healthcare reform. The study comprehensively analyses key reform initiatives and major achievements according to four aspects: health insurance system, drug supply and security system, medical service system and public health service system. Lessons learnt from China may have important implications for other nations, including continued political support, increased health financing and a strong primary healthcare system as basis
China and the Multilateral Investment Guarantee Agency
The Multilateral Investment Guarantee Agency (MIGA), established in 1988, is part of the World Bank Group. Its mandate is to promote foreign investment in its member countries by providing political risk insurance and technical assistance to promote investment. In developing this case study of China's evolving relationship with MIGA, the author asked: Why did China decide to seek membership in MIGA? What was the outcome of the relationship between China and MIGA? How has that relationship affected economic and legal reform in China and the country's integration with the multilateral investment insurance system? How can MIGA strengthen its role? And how can MIGA prevent potential claims to its portfolio in China? MIGA's comparative advantages are its international experience in underwriting and operating its portfolio, its neutral position and approach, its mediation and legal advice, and the fact that its guarantee portfolio is unaffected by bilateral relations. The author suggested that in China, MIGA should screen foreign direct investment (FDI), not just encourage it, because some FDI in China has been of poor quality, with little transfer of skills and technology. Some local partners have conceded too many discounts to foreign investors, without considering the cost of key assets such as land and machinery. Some foreign investors have taken advantage of local officials'eagerness for foreign capital, pressuring them to grant guarantees they should not grant and to allow unacceptable levels of environmental pollution in industry. China receives one-third of all FDI in developing countries. To continue attracting such investment, it must design a rule-based legal system governing FDI, making its rules and regulations more transparent, uniform, and consistent with international practice. As a neutral third party, MIGA could make policy recommendations that authorities might consider and accept -- such as policies designed to encourage less investment in labor-intensive firms and more in high-tech industries.International Terrorism&Counterterrorism,Legal Products,Fiscal&Monetary Policy,Payment Systems&Infrastructure,Environmental Economics&Policies,Environmental Economics&Policies,Legal Products,National Governance,Foreign Direct Investment,International Terrorism&Counterterrorism
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Comparative study of commercial building energy-efficiency retrofit policies in four pilot cities in China
The energy efficiency of existing commercial buildings is more challenging to regulate and improve than the energy efficiency of new constructions. In 2011 and 2012, the Chinese Government selected four cities- Shanghai, Tianjin, Shenzhen, and Chongqing- to implement pilot commercial building energy efficiency retrofit program. Based on site surveys and expert interviews in these pilot cities, this research conducted a comparative analysis on incentive policies of local city level. The analysis results show that policy designs of existing commercial buildings should be further improved. The aspects that influence the implementation effect in the future, such as subsidy level, installments, and business model promotion, should be specified in the policy clauses. Referring to the technical solution and cost-benefit in Chongqing, we found that lighting system is the most common retrofit objects while envelope system is the least common one. And the subsidy incentive is greatest for educational buildings, followed by office buildings. In the end, we further discussed the problems and obstacles in commercial building retrofit market, and provided a series of recommendations
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