A Study On Several Problems In National Law Of Export Credit Insurance

Export credit insurance is an insurance system established as a policy by the government to advance domestic trade and guarantee the capital safety of the export enterprises. The reason that export credit insurance system generates is that the exporters face many risks when they get back the capital in the international trade.These risks include not only some risks the exporters themselves should face, such as commercial credit risks for the bankruptcy of the buyers,rejection, default ect, but also some risks both buyers and sellers can not control such as political risks for the foreign exchange control of the import countries import permitting control, war ect.Many countries in the world have already established perfect legal system for export credit insurance which has played an active role in promoting foreign trade.However legal system for export credit insurance is not still established in China which blocks the development of export credit insurance. This thesis intends to make a study on perfecting our national legal system for export credit insurance, in order to further develop our national export credit insurance. The thesis comprises four parts as follows.Firstly, it studies the basic theories of export credit insurance which include expositions on concept category feature legal relationship, managerial principle and function. Study on principle of export credit insurance. It firstly expounds basic insurance operation principles: principle of maximum credit, principle of insurance profit, principle of loss compensation, principle of immediate cause suits export credit insurance, it emphasizes the special principle of export credit, that is principle of risk partaking; principle of insurance premium; principle of purchaser credit limitation application; principle of general insurance; principle of queuing time before compensation; principle of preserving creditor's right.Secondly, it studies the legal relation of export credit insurance which include subject , object and content.Thirdly, it studies the necessity to establish export credit insurance legal system. On the one hand the traditional export policies are restrained by the rules of the World Trade Organization, on the other hand, macro economic policy objectives are achieved.Lastly, it brings forward some suggestions to improve our national legal system for export credit insurance. including making out and perfecting laws and regulations establishing rational operation and management mechanism,establishing internal management system of the export enterprises.