Explored To Improve The Legal System Of China's Overseas Investment Insurance

As everyone knows , it is very important of overseas investment to develop national economics for each country .For the moment every country is practising making investment .Chinese economics has been rapidly improved by attracting and utilizing foreign investments . After China becomes an official member of WTO. China will have more opportunities to take part in the cooperation of the world .China is becoming an organic part of international economics unify .Over 20 years' progress has proved that china has enough abolity to be engaged in the economics activities of the world .According to the world bank , china will be the second imports country in the world by 2020.More and more corporations have enough abilities to make overseas investments with our national power developing .It become very hot words about carry out "go out" management strategy in recent days. However ,, china has a lot of legislation about attracting foreign investments at present,but overseas investment legislation is extremely deficient, especially overseas investment insurance legal scheme .It is more important for us to build and perfect legislation about overseas investment in order to protect our foreign investment . Overseas investment insurance legal scheme is the core of overseas investment legislation . Though many experts inquire into the problem , for the moment there is great discussion on how to perfect Chinese overseas investment insurance legal scheme .Therefore , this paper try aiming at providing some ideas on how to perfect overseas investment insurance legal scheme .The writer hope that the ideas can benefit Chinese overseas investment.This paper consists of four sections.The first is general introduction of overseas investment insurance legal scheme .At first ,it explains the overseas investment and the overseas investmentinsurance legal scheme .Then,it analyzes the concept and the characteristics including the official characteristics , the reciprocity, the characteristics of international law .At last ,it analyzes the same and the difference between overseas investment insurance scheme and domestic insurance legal scheme.The second section analyzes overseas investment insurance legal scheme of America,Germany Japan ,MIGA .At first ,it introduct the main content .Then, it compare them about the subject and the insurance scope of the insurance expenses and the insurance period and insurance condition .The third section explains the present circumstance of protecting our overseas investment and analyzes our protection measures .It states that it is very necessary for the safeguard of our overseas investment to perfect overseas investment insurance legal scheme.The fourth section discusses the measures to perfect our national overseas investment insurance legal scheme .This part firstly analyses subrogation right of claim in overseas investment insurance legal scheme. It reveals that the deep research for the subrogation right of claim ,as result of defining the pattern of subrogation right of claim in overseas investment insurance legal scheme, is what mainly we should solve for perfecting our country's overseas investment insurance legal scheme. Then this part defines the pattern of subrogation right of claim that China should have. In the writer's opinion, China should learn from German who has established a combined style of overseas investment insurance legal scheme, that is bilateral insurance system assisting with single side system o In details, the executive basis of our subrogation right of claim in overseas investment insurance legal scheme should be mainly according to the agreements of bilateral investment terms between China and other countries, and the diplomatic protection principal that commonly used in international law. Finally, in this part, the writer probes into and elaborates the core contents of our country's overseas investment insurance legal scheme, which makes up the main point of this article.