Research On Law Of Oversea Investment Insurance Of China

Overseas investment insurance scheme is a kind of insurance by govement or country.In fact it is a system design that country which is by way of a political body now in the form of a artificial person solving the politic conflict or diplomatism conflict evocated by overseas investment in economic approach. The main capital export countries in the world have set up their own oversea investment systems in order to protect native oversea investment,to improve the ability to keep away the political risk from capital import country.This article, which is established in the situation of our country, compares with the legislation experience of main capital export countries, spreads the discuss surround on the basic theory, system structure and movement machine-made of overseas investment insurance scheme. This article is subdivided into three parts, that is foreword,main text and tag, the main content of each part as follows:Foreword:Introduce the realism necessity of overseas investment insurance emergence. Demonstrate the necessity of legislation research on overseas investment insurance scheme of our country from the demand of economic development and the research on the theme lag relatively.Text, divided into five chapter:The first chapter: introduce the safeguard of overseas investment and overseas investment scheme. It is divided into two arrangements:the first,bound the conception of and law character of overseas investment, and define the law systematic constitution of investment safeguard. On this base introduce the overseas investment insurance scheme, and spread the discuss from some angles such as conception, type,law character,history evolution and its realism meaning,ect.The second chapter: introduce and compare the overseas investment scheme of America, Japan and Germany from three facets of insurance system type,accept insurance institution and accept insurance content.The third chapter: this chapter discusses the actuality of the overseas investment and safeguard of overseas investment in our country. The first, itsummarizes the actuality and development of overseas investment in our country, analyses its character and development trend. Secondly, it introduces the law safeguard of our country,including domestic law and law of nations two aspects.At last it introduces the practice of overseas investment insurance in our country.The fouth chapter: this chapter arguments the necessity of establishing overseas investment insurance scheme in our country from two facets.On the one hand, there is a acute contradiction between the lack of law safeguard on overseas investment and the need of investment safeguard because of flourish development of overseas investment. On the other hand, it attempts discussing the necessity of establishing overseas investment insurance scheme in our country in play games theory.The fifth chapter: this chapter discusses the legislation frame of overseas investment insurance scheme in our country systematically. 1.on the chose of stype, It's better adopt the mode that protect the investment basic on the two sides investment safeguard accord on principle,single side to exception. 2.on accept insurance institution, it's better adopt division of examination institution and operation institution. Set up "committee administer on overseas investment" as examination institution of overseas investment insurance, and take export credit insurance corporation as the operation institution of overseas investment insurance.3.discussing some law question about proper policy holder and proper investment Aaccept insurance range includes the danger of war, transferance and confiscation. At present I advice should not accept insurance the danger of breach of faith. 5.discuss about the application and examine and approve procedure of overseas investment insurance, and the compensation of loss and remedy requirement of substitution.Conclusion:Briefly recite the legislation aim ,tenet, mode, and correlation content of overseas investment insurance scheme. It indicates that accelerate uniting the domestic law and law of nations, and more protect and arouse the development of overseas investment in our country.