Disability Income Insurance: The Private Market and the Impact of Genetic Testing

This article discusses the disability insurance industry in order to provide context regarding the potential impact of genetic testing on disability insurance. It describes disability income insurance, exploring both the protection it offers and its main contract provisions. It goes on to describe the private insurance market and the differences between group and individual insurance, and concludes with implications of genetic testing with respect to the private disability insurance market.     

私权视角下的社会保险基金监管

社会保险基金是我国社会保障基金的重要组成部分,建立健全社会保险基金的监管制度是建立和完善我国社会保障体系的重要环节。在社会保险基金监管体制的制度构架中,在探讨如何将公权力(监督权力)进行分配,使社会保险基金的各管理主体各尽其能,相互制约的同时,应当明确社会保险基金中的私有产权性质,解决社会保险基金权利主体缺位问题,从而进一步完善社会保险基金监管制度,切实维护劳动者合法权益。     

Genetic Testing and Disability Insurance: An Alternative Opinion

As members of the Working Group on Genetic Testing in Disability Insurance, the authors of this alternative opinion describe their areas of disagreement with some of the conclusions in the paper written by Susan M. Wolf and Jeffrey P. Kahn.     

Genetic Testing and the Future of Disability Insurance: Thinking about Discrimination in the Genetic Age

This article considers the future of genetic testing and disiblity insurance, and explores the potential for discrimination when using genetic information.     

平台责任与私权力

网络平台是网络空间“生态系统”中的基本单元、重要枢纽和关键节点.在网络平台的“生态”中,不同的私主体事实上处于不同的地位,进而形成了不同特征的法律关系.通过分析这些法律关系框架中的私权力现象,继而探讨私权力的规制机制,可以更加清晰地认识平台责任的基础和边界.     

Health and Safety at Home: Private and Public Responsibility for Unsatisfactory Housing Conditions

This paper reviews two legislative approaches intended to control housing conditions in the rented sector - the landlords' contractual obligations, and the powers of local authorities. The authors argue that the landlords' covenants are almost totally ineffective, and that it now rests on local authorities to protect the health and safety of tenants. Breaches of the implied covenants that houses should be fit and in repair will provide tenants with a legal action against their landlords. However, the tenant's standing is now so weak that these covenants fail to provide protection. The Housing Act 2004 introduced a regulatory framework based upon assessing the risks to the health and safety - the Housing Health and Safety Rating System (HHSRS) - giving local authorities tools to ensure that housing is as safe and health as possible.
The history of the regulation of housing conditions also reveals important insights into the nature of private and public regulation.     

Genetic Testing and the Future of Disability Insurance: Ethics, Law & Policy

Predictive genetic testing poses fundamental questions for disability insurance, a crucial resource funding basic needs when disability prevents income from work. This article, from an NIH-funded project, presents the first indepth analysis of the challenging issues: Should disability insurers be permitted to consider genetics and exclude predicted disability? May disabilities with a recognized genetic basis be excluded from coverage as pre-existing conditions? How can we assure that private insurers writing individual and group policies, employers, and public insurers deal competently and appropriately with genetic testing?     

Genetic Screening and Disability Insurance: What Can We Learn From The Health Insurance Experience?

Genetic information may be used by health and disability insurance companies to deny or restrict coverage. How health insurance companies use genetic information, and how public policy has limited that use, can be illustrative for genetics and disability insurance policy.     

公司社会责任视角下的董事责任保险合同理念分析

公司社会责任理论缘于人们对公司目标的反思,即公司不能仅仅以公司利益最大化作为经营的唯一目标,还应当注意保护包括股东在内的债权人、消费者、公司雇员等利益相关主体的合法权益。董事责任保险合同的存在增强了董事和高级职员的赔偿能力,在发生损害事故时,有利于保护利益相关主体的合法权益并进而有助于实现公司应当承担的社会责任。     

Revisiting the Role of Private Military and Security Companies

Abstract

This essay addresses the role of private military and security companies (PMSCs) in security governance. In this context, it offers a historical overview of some of the main developments in the evolution of private warfare and critically discusses some of the key challenges confronting the quest for holding PMSCs accountable in accordance with international human rights and humanitarian norms.     

浅议保险合同的成立、生效与保险责任的开始

正确认识保险合同成立、生效与保险责任开始的联系与区别，有助于公正地解决保险合同纠纷和保证司法的统一性。     

通胀企图和民企的饥渴

中国的贷款都流向了国企，现在才有点想流进民企，未来我们究竟应该改变信贷的什么呢？面对“通胀”的企图，我们该如何冷静以待？     

我国财产保险公司经营绩效的实证分析

本文利用SPSS软件对我国财产保险公司的经营绩效进行了分析。通过研究发现,我国民族保险公司的经营业绩总体不如人意,无论是主业盈利能力、资本结构还是在偿付能力方面与外资保险公司都存在较大的差距,为了能在未来的竞争中抢得先机,必须进行资源整合,提高民族保险机构的实力。     

Private Military and Security Companies and the Liberal Conception of Violence

Abstract

The institution of war is the broad framework of rules, norms, and organizations dedicated to the prevention, prosecution, and resolution of violent conflict between political entities. Important parts of that institution consist of the accountability arrangements that hold between armed forces, the political leaders who oversee and direct the use of those forces, and the people in whose name the leaders act and from whose ranks the members of the armed forces are drawn. Like other parts of the institution, these arrangements are responsive to changes in military technology and needs, to geopolitical facts, and to moral and political norms. In particular, they are sensitive to the forms that military organization takes. Since the emergence of modern states in Europe some 500 years ago, there have been three main such forms: private providers—in the form of mercenaries, in early modern Europe—then professional standing armies, which in turn developed into citizen armies. Although elements of the three organizations have coexisted in many armies, the citizen army model has dominated until recently. That model brought with it a particular conception of the accountability relations between the army, the state, and the people. The state had authority over and directed the army, which was accountable to it. In turn the state was accountable for its use of the army to the people, on whose behalf it acted.

The dominance of state authority over the military is now under strain, with the professional and private elements—in the form of private military and security companies (PMSCs)—having increasing importance. As those elements increase in power and presence, so it becomes more difficult to make the state accountable to the people for its use of the military, and more difficult for the people to act as a restraining force on the way in which the military used.

In this essay, I outline and assess these developments—with particular emphasis on the emergence of PMSCs—in the light of a liberal view of (political) violence. The essay focuses on the situation in the United States, which possesses by far the most important military force in the world today, and in which the use of PMSCs is most developed. The paper has three main sections and a brief conclusion: the first section sketches the liberal view of violence and its implications for organizations dedicated to its use; the second outlines the salient characteristics of the three historically dominant forms of armies; and the third looks at the current situation in which the three forms coexist uneasily.     

Workers' Compensation, Social Security Disability, SSI, and Genetic Testing

This article argues that the use of genetic testing to determine eligibility for worker compensation and/or social security disability benefits would seriously undermine the social purposes of the laws.     

Intellectual Property and Global Health: From Corporate Social Responsibility to the Access to Knowledge Movement

Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at all, that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap.     

我国社会保险立法中的养老保险问题

社会主义市场经济体制需要完善的社会保障制度。但我国的社会保障立法相对滞后,还没有制定出一部有关社会保障的专门法律。我国应对社会保险立法中的养老保险覆盖范围、养老保险基金的来源、养老保险待遇、养老保险管理等问题进行探讨并立法。     

论私权保护和公共责任观念的建立

在私权保护中,最为重要的是对公民(包括私营企业主)的人格权和财产权的保护.私权保护的一项重要内容是重视对公民的精神损伤的修补,将人格权纳入"私权保护"的范围内.在立法上和司法实践中,对于私权的保护应当包括对不同主体的财产权,以及对精神性权利和物质性权利的一视同仁.关注、尊重、平等对待和保护社会中一切成员的人格安全和财产安全,既是现代法治社会的基本要求,也是国际社会人权理论的重要内容.私权(主要是人格权和财产权)的神圣不可侵犯,并不意味着个人在享有这项权利时可以舍弃他所应当承担的社会公共责任.在现代社会中,社会或法律对个人所应承担的公共责任提出了新的要求.保护私权的过程也就是建立公共责任观念的过程.目前有必要通过法的形式将公共责任的观念转为公共责任制.一个良好的法治社会一定是私权得到了有效的保护,同时大多数人也都建立了良好的公共责任观念的社会.