China to frame its first immigration law to attract foreigners
Headline Legal News
China has kick-started a key process to frame its first immigration law to better manage immigrants as the world's fastest economy seeks to attract more foreigners to boost its development.
Experts on migration have advised the government to learn from other countries in regulating immigration, said Zhang Jijiao, researcher with the Institute of Ethnology and Anthropology under the China Academy of Social Sciences (CASS).
Zhang said in the era of globalisation, China needed to attract a variety of talents, investors, skilled workers, and in particular "seagulls" -- a Chinese term for foreign merchants who work with multinationals and must travel across the world -- to contribute to its development.
A sounder migration policy would definitely enhance China's appeal, Zhang said.
The Ministry of Public Security, the Beijing Law Society, the Chinese People's Public Security University and the CASS held a liaison meeting last year. But the discussions had yet to result in any concrete preparations, Zhang told state-run Xinhua news agency at a global forum on migration.
Unlike Western countries, which have special laws to regulate the management of transnational migrants, there were few Chinese legal instruments to regulate immigration and foreign investment.
"This reflects how China's transnational migration management has long been focused on the legitimacy of entry and exit out of economic considerations," said Zhang.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.