The Legal Issues Of Export Credit Insurance In International Trade

Export credit insurance is an agreement which signed by Insurers and the insured in good and service export. Under this agreement, the insured pay the insurance premiums, and the insurance compensate the economic loss which caused by buyer's credit and related factors. In the west, the export credit insurance system which is supported and established by the government is just a financial policy to encourage and advance domestic trade.Export credit insurance, as a mature insurance lines, has developed hundreds of years in abroad, in our country, Export Credit Insurance began in the 1980s,getting a rapid development since sinosure, who play an important role in Expanding the scale of export enterprises, providing financing facilities for export exchange earnings to avoid risks, and enhancing the safety and securityAs a kind of insurance, it should comply with the basic principles of insurance law, and the insurance contracts basic legal relationship. On the other hand, export credit insurance is different from the characteristics of general commercial insurance policy. Therefore, there are special points in subject, object, the rights and obligations of both sides, except for breach of contract responsibility and liability exists unique.Although China's export credit insurance has developed rapidly, there are still long way from Western developed countries. At present, China's enterprises uncollected accounts up to 10 per cent of exports, and export credit insurance has far have not kept pace with the pace of the development of foreign trade. The lack of law is one important reason. As a WTO allows financial policy tool, it can provide direct financing facilities, and develop a brand-new path for the banking and insurance industry. So it should vigorously develop.This paper pay attention to the legal problems in export credit insurance, make a detailed analysis of the general principles of the unique principles of export credit insurance contracts legal relations subject, object, the rights and obligations of both parties. Make comparing research of the western developed counties. On this basis, point out the recommendations and observations of building China's export credit insurance system from the public and private law. That is, improving the government's export credit insurance on the supervision and management of the Government, increasing the support of export credit insurance. And in accordance with the actual situation in China, to set up a Ministry of Finance, Ministry of Commerce, Ministry of Foreign Affairs, People's Bank of China, the China Insurance Regulatory Commission, export credit insurance and export trade, and other relevant units of the inter-ministerial coordination committee, making decisions on major projects as well as insurance of export credit insurance planning direction. Supreme People's Court should make judicial interpretation of the export credit insurance to clear the legal application of the contract. Ultimately, in all respects under the conditions of the time is ripe to enhance export credit insurance to a legislative level, the NPC Standing Committee for separate legislation.