A Study On The Legal System Of Overseas Investment Insurance In China

Overseas investing is an important part of our opening to the outside word policy. Although it’s late beginning, it developed fast. With the development of market economy and our country has been the member of WTO, more enterprises will go abroad and engaged in overseas investment. However, the investment environment is more complex, and the risks the inventors take are more than ever, during which the political risk has the most harm, because it usually makes the inventors lose the cost and profit.Overseas Investment Insurance Scheme is one of the most important legal institutions about the protection of overseas investment. Our overseas investing is pretty fast, but its legal study and construction in our country is relatively behind the time, which restricts further development of our country’s overseas investment. We don’t have the basic law of overseas investment insurance until now, and our overseas investment insurance scheme is far from perfect. Therefore, it has the essential signification to establish the overseas investment insurance scheme, covering the legislation vacancy.Given the reality and new traits of our country’s overseas investment, this thesis intends to make further research on China’s legislation of overseas investment by comparing the overseas investment legislation of developed countries. The text consists of four parts. The first part introduced the reason to establish the overseas investment system, which is to protect and disperse the political risk in the overseas investing, then summarized the system in theory, and analyzed its value. The second part firstly disclosed the current legislation of our overseas investment system through two aspects:international law and domestic law, and then introduced the present condition of the overseas investment in our country, including the insurance institution and its file "The Guide of the Insurance Coverage". Finally based on the above, the author pointed out the flaws of our overseas investment system. The third part firstly has conducted the comparison research on the foreign investment insurance system legislation of USA, Japan and Germany through analyzing their insurance models, and also formulated each advantage and disadvantage. Secondly the author explained the reason why the three countries chose different insurance models. The third part of this chapter is the specific rules and regulations of the insurance coverage of ISOI. The forth part is the suggestion of our own overseas investment system based on the current situation of our overseas investment and the successful experience of the developed countries, by proposing the legislative principles and the specific arrangement. Hope the thesis will may draw forth by abler people and be useful for improving our overseas investment system.