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On the Export Credit Insurance of China: Problems and countermeasures - From the perspective of promoting international trade of China

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2016, (15), pp.29-46
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law

李 青 武 1

1石河子大学

Candidate

ABSTRACT

“The Berne Union General Understanding”(BUGU) which regulating the business of the international export credit insurers, is the result of consultations among the developed countries, summarizing the successful experience of different export credit insurance. Although BUGU belongs to soft law, the mandatory provisions are binding on its members. The purpose of the Export Credit Insurance Company of China is for realizing the policy of export and investment abroad. Its government-run and monopoly status without legal regulation is not conducive to the implementation of China's exports and foreign investment policies, but also leads to the loss of state assets. This paper illuminates the problems to which the China Export & Credit Insurance faces, for example, the system of governance structure is illegal, and the mandatory plan for the sum insured by export credit insurance violates the basic principles of underwriting, and the information of insurance coverage is not published for the public, and there are many King provisions in insurance contract. To deal with the above problems, this paper discusses some proposed countermeasures with the enlightenment of BUGU and the experience of developed countries.

Citation status

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