Overseas Investment Insurance Legal System

China's foreign direct I nvestment (non-finance class)achieved 16.13 billion dollars in 2006. Up to the end of 2006, China's foreign direct investment accumulates to the amount of 73.33 billion dollars. Since the year of 2000, China's foreign direct investment enters a fast development phase.Six years ago China became a member ofthe WTO, that means the economy of china have connected with the economy of the world, also means the Chinese market opens continuously. However, in current our country has no the perfect mechanism to encourage our private foreign investment to foreign countries, this will obstruct the private investors of our country to expand in the oversea market, then influence economic development in domestic finally, opIn order to protect our foreign investment from the political risks in foreign countries, an oversea investment insurance law system is in need. In developed countries, this institution has experienced the development with application and perfect process, especially the United States, Germany. They have so much good experience in this field for our country at establishing the system. Of oversea investment insurance law system.The author of this essay checked many data on the problem of establishing foreign investment insurance law system, mainly compared institutional system, related law and contents of the United States, Germany, and some intemational pacts, put forward some immature viewpoints on establishing China's oversea investment insurance legislation. This text just provides personal understandings on the related legislation which might be no help to establishing China's own oversea investment insurance law system in the future.The text consists of four parts and is organized as follows:The first part introduced following aspects: the foreign investment insurance system, the history and the present situation of foreign investment insurance system, as well as the legal characteristics of foreign investment insurance system.The second part has conducted the comparison research in various countries foreign investment insurance system legislation practice at present, then introduced some materials related with the foreign investment insurance system such as United States' and Germany's foreign investment insurance law system as well as ICSID and MIGA terms which related to the foreign investment insurance system, then at last introduced the specific development of foreign investment insurance system in China especially in the bilateral investment protection agreement between China and other countries.The third part firstly pointed out the flaws of our country's present foreign investment insurance system. Then explained the bad effect which our country's present foreign investment insurance system result in. At length carried on some suggestions afar the analysis fi'om China's present foreign investment insurance and then indicated that it is necessary and urgent to establish China's foreign investment insurance system.The fourth part has focused on the discussion of some detailed China's foreign investment insurance system instruction and arrangements such as: the insurance organization, the scope of foreign investment insurance system, the aims of foreign investment insurance system, the procedures of insurance and so on, then put forward my own suggestion to the establishments and arrangements of China's foreign investment insurance system.