Research On The Legal Aspects Of The Overseas Investment Insurance Of Medium And Small Enterprises In China

It is an inevitable choice for medium and small enterprises to put investment overseas under the backdrop of growing economic globalization, and the redundant capital and productive capacity in domestic market. Nowadays, most of the medium and small enterprises are equipped with enough ability to invest abroad. However, the current situation is not very good for medium and small enterprises. The most serious problem is the issue of the overseas investment insurance. Solving this issue will help foster an orderly and sound development of the overseas investment of medium and small enterprises, and will prevent the investment profits of medium and small enterprises from being injured in overseas market.Oversea investment insurance scheme, which is a basic legal system with the purpose to encourage and protect oversea private direct investment, as the most effective measures employed by the capital export states, protects the interests and safe of the oversea direct investor systematically and directly. Overseas investment insurance scheme is a basic legal system in the protection system of the capital export country. The main motive to establish this system is to accelerate native investment to export and strengthen international competitive status by providing political risk legal guarantee for oversea private investment. It employs an efficient way to protect the interest and safe of the oversea direct investment systematically and directly by solving the main baffle to protect the property oversea for capital export country. At present, almost most of the main capital export countries have established this insurance scheme, but effective legal system has not been formed in china. It's an urgent task to establish the oversea investment insurance scheme. This paper consists of four sections. The first is general introduction of overseas investment of medium and small enterprises. At first, it explains the necessity and Feasibility of the overseas investment insurance legal scheme. Then, it forwards the characteristics and the basic principle of it. The second section advances that China should establish bilateral overseas investment insurance legal scheme by comparing different schemes and analyzing subrogation right of claim and its legal basis. The third section explains the main content such as the Guarantors and the insurance scope of the insurance expenses and the insurance period and insurance condition. The fourth section discusses other measures to perfect our national overseas investment insurance legal scheme, such as improving the effect of bilateral investment agreements and MIGA and establishing the information channel combined with international experience.