The general corporate insolvency procedures controlled by judicial authorities are difficult to effectively deal with insolvent insurer.The initiation tests,substantive and procedural rules of general company bankruptcies hinder the rapid disposal of risks.These rules are also inadequate for managing the systemic risks that may arise from the insolvent insurer at the macro level.There is a growing international legislative trend towards establishing special resolution regimes for insurer.These special resolution regimes are controlled by resolution authorities and have established measures such as bail-in,asset and liability separation,bridge insurance company.Special resolution regimes grant extensive resolution powers to the authorities to maintain financial stability.Currently,resolution rules for insolvent insurer in China are fragmented,lacking a unitary resolution philosophy and necessary tools.Establishing a special resolution regime for problem insurers is conducive to handling the risks arising from insurance industry.China should take the current legal revision as an opportunity to establish multiple resolution measures and grant resolution authorities necessary power to achieve financial stability.
关键词
特殊处置程序/强制自救/保单持有人/桥保险公司/处置权/处置规则
Key words
special resolution regime/bail-in/policy holders/bridge insurance company/resolution powers/resolution rules
维普
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