China Overseas Investment Insurance Legal Research

Overseas Investment facing various risks, prevention and control of political risks is the most crucial, so a capital-exporting countries must give their overseas investments fully protected. The Insurance scheme of Oversea Investment is one of the most important legal institutions about the protection of oversea investment. The article researches in a series problems in the construction of the legal institutions on the insurance of oversea investment, and puts forwards the personal ideas to construct this legal institution and make it sound, connecting with the actuality in China, on the basis of the comparative analysis about the insurance of oversea investment of developed country.In this paper, The first part of this article, analyzed the present condition of the oversea investment in current our country, and to our country the lawmaking present condition of the current oversea investment insurance proceeded the analysis, explaining with the law system from the economic foundation the our country establish the necessity of the oversea investment insurance system.The second part of this article, analyzed the oversea investment insurance system. 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.The third part of this article,gaven adivice for Oversea investment insurance system and Overseas investment protection, the protection of investors, covering the key the right of investors in the host country, through a set of overseas investment protection system to achieve, including participation in international treaties and international organizations, as well as the development and implementation of domestic laws and policies.Thus overseas investment protection law is an organic system, and overseas investment insurance system is most important portion.