Research On Our Country's Foreign Investment Insurance Law System

Foreign investment insurance, also called the foreign investment guarantee, refers to the overseas investor taking the insurance accident by the political risk, applying the insurance organization of our country managers for the insurance investing, working out the insurance contract, undertaking the political risk safe responsibility by the insurance organization. When the insurance accident occurs, the insurance organization responsibly compensates investor's loss by the insurance contract and our country's relevant law; Investors may exercise a generation of position to the host country to ask to recompense the power after the insurance organization stipulation to compensate the loss. The foreign investment insurance system, beginning from the 1948 broad US implements the investment guarantee plan after the First World War which in the Marshall aid program implements, since 20 centuries 60's, because of the international investment massively wells up into the developing nation, as well as international investment market recently development need, some main capitalist countries like Germany, Japan, France, Holland, Belgium, Switzerland, Canada, Denmark, Australia and so on, also successively imitate US to establish their own foreign investment insurance system one after another. The investment insurance system of the developed countries, having positive protecting and encouraging effect on its oversea investor, also simultaneously enable the country to gain the enormous overseas profit.Our country's foreign investment insurance system starts later, but its development extremely rapid. However, at present our country's foreign investment management, no matter from scope, policy, management method, or the concrete content, all by far falls behind the situation development, specially our country has not yet established the foreign investment insurance system which the developed country extensively carries out. If our country's overseas investor bumps into political risk such as the host country's implementation ,nationalization or taking over for use, implementing foreign exchange revolution, war, civil strife, their benefits may receive the harm, as well as the investment security cannot obtain the guarantee; This obviously can seriously attack enthusiasm of the oversea investor to be engaged in the foreign investment, which is disadvantageous to our country foreign investment enterprise development. Thinking about this, it is urgent to establish our country's foreign investment insurance system as soon as possible. The author proposed the preliminary conception in the base of modeling various countries' foreign investment insurance system, on investment...