Study Of China's Overseas Investment Insurance Legislation

As China's economy is gradually getting into line with the economy of the world, more and more domestic enterprises invest abroad. However, overseas investors have to face various risks during their pursuing of great profits, in which the unexpectable and uncontrollable political risks have been affecting their security and interest seriously. Many developed countries such us America, Japan and Germany have established comparatively mature Overseas Investment Insurance Programs. Compared with theirs, the legislation of our country relating to the foreign investment lags behind a lot. Thus, we should establish our Overseas Investment Insurance Law to support the foreign investment of our country.In the first part of this article, the author explains the definition of overseas investment, then introduces its current condition and development in China;In the second part, the concept, the character, the origin and the development of the Overseas Investment Insurance Program is elucidated and analyzed theoretically;In the third part, after comparing and studying the Overseas Investment Insurance Programs in some developed countries such as America, Japan and Germany, the author also summarizes the advantages and experience which we can introduce and use for reference;In the fourth part, the necessity of establishing our own Overseas Investment Insurance Program is proposed and adduced at two levels: the domestic law level and the international law level;Finally, at the fifth part of this article, combining the practice and legislation of China's overseas investments, the author analyzes the legislation of China's Overseas Investment Insurance Law in detail and makes suggestions on the content of the new law, which should include the insurer, the policy holders, the insurance coverage, the premium, the insurance period, the insurance amount, claim for compensation, subrogation and so on.