| Overseas investment insurance, a state guarantee which is different from common insurance, can promote and protect overseas investment by means of the insurance for the non-commercial risks .China's overseas investment is rapidly increasing in recent years. However, the construction of overseas investment insurance system and insurance practice fail to provide full protection for overseas investment, which, in turn, calls for the construction and consummation of this system.As for the mode of overseas investment insurance system, China should use German mode as reference to adopt a blend mode in which the bilateral guarantee takes the leading role, unilateral guarantee assisting role. When it comes to the subject of legal relation, the insurance-accepting body should be set up according to the principle of "separation", the examining and approving institution consists of related personnel from Ministry of Commerce, Ministry of Foreign Affairs and Ministry of Finance, the insurance institution can be set up on the basis of China Corporation of Export Credit; and the qualified policy-holder should include state-owned enterprise, private-owned one and natural person.With regard to qualified investment, overseas investment should be propitious to the China's economic development, and it should create good social and economic benefit to the host country of investment; The investment types include equity investment and non-equity one; When it comes to the investment time, the investment should be new investment. Qualified host country of investment should not just confined to the country which has signed bilateral treaty of investment protection with China.As for the insurance types, this thesis analyzed three main non-commercial insurances: expropriation insurance, foreign exchange insurance, and war and chaos insurance, and it also addresses newly-emerged insurance and China's related legal countermeasure and hold that "creeping expropriation" should be brought into the... |
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