Research On China's Overseas Investment Insurance System Legislation Model

Overseas insurance investment scheme is a kind of government and state insurance. It is a legal institution that capital-exported nations aim to protect their own investors. The meaning of the system is overseas investors to sign contract and claim with their own countries'investment insurers in the grounds of political risk. When the incident covered by the insurance occurred, the insurer should make compensation in accordance with the insurance contract and home country's law and later exercise to the host country the right of subrogation.At this time the original relationship between the insurance contracts up from the level of domestic law to international law level, the pure investment relations translated into the complicated international political relations.The motive of the investor's home countries to establish overseas investment insurance system is to provide legal protections amid the political risk, which can promote the private overseas investment and strengthen the capability of home country investors.Overseas investment insurance system was established in the U.S. in 1948 then Germany, Japan, Canada and other countries set up the system one after another, after decades of development, their overseas investment insurance system has been very well served.At present, China's overseas direct investment is showing the trend of rapid development, and our legal protection to foreign investment did not form a complete and effective system.In 2001, China Export Credit Corporation was founded to protect the overseas investment of Chinese people. Thus China's overseas investment insurance system was established gradually on track.However, there still is not a unified Foreign Investment Code in China. China's overseas investment insurance legal system was not formed. Many aspects need for improvement.In addition, overseas investment insurance and practice has not adequately protected China's overseas investment. Therefore, it is necessary to learn other countries'theory and practice to establish our own legal insurance system based on home country's circumstance. In this scenario, it is imperative to found Chinese overseas investment insurance institution.The relevant legislation of overseas investment insurance system is the core of the promotion and protection of foreign investment.Although we have some experts and scholars conducted some research and study on this issue, but it is still controversial on how best to perfect the system of Overseas Investment Insurance.Through a series of analysis, overseas investment insurance for China's Legislation was discussed. Hopefully these suggestions for Chinese Overseas Investment Insurance System provide a reference.This paper is divided into four chapters:The first chapter introduces the concept of overseas investment insurance system, characteristics, and general property insurance system with the difference.The second chapter is to analyze the most representative investment insurance system of the United States, Japan, and Germany. Compare them respectively from the legal relationship of United States, Japan and Germany's overseas investment insurance's subject, insurance content and the three countries'overseas investment insurance cost, insurance period, insurance premium. In particular, three of which were focused on the legislative model analysis; on this basis, the third chapter is to explore the Chinese Overseas Investment development situation, the necessity of establishing overseas investment insurance system, and the problems of current system of Overseas Investment Insurance.Chapter IV focuses on the options of Chinese Overseas Investment Insurance modes and the basic principle that our country should follow in the overseas investment insurance system which means to follow the principles that to stick to economic sovereignty in the overseas investment insurance system, to promote the global cooperation during building the overseas investment insurance system, to achieve equality and mutual benefit in the overseas investment insurance system.China can combine the characteristics of bilateral and unilateral investment to create a hybrid of overseas investment insurance system that is dominated by bilateral investment insurance mode supplemented by unilateral investment insurance.Namely, the main set of insurance institutions, insurance conditions, insurance coverage, premium rates, insurance premium, the right of subrogation and other legal concept, hopefully to provide reference to complete China's overseas investment insurance legislation.