Research On Claiming Subrogation Right Of Overseas Investment Insurance Scheme

The overseas investment insurance system is the legal system provided by the capital-exporting countries'governments for their private foreign direct investment which may experience political risk in host countries with the aim of protecting their overseas investments. Currently the world's major capital exporting countries have established their own overseas investment insurance system, while China has not yet established its overseas investment insurance system. However in recent years China's foreign direct investment has showed the trend of rapid development, it is necessary to establish overseas investment insurance system so as to promote economic development and protect the overseas investment. Seeing that overseas investment insurance system's core is if the investor could achieve the subrogation smoothly in the host country, this article analyzes the right of the overseas investment insurance subrogation, introduces and compares the major capital-exporting countries'legislative practice of overseas investment insurance system and its right of subrogation and the basis for the operating mode. On this basis, in view of the combination of our current situation and legislation on foreign investment, China's legislation model in the overseas investment insurance system and its main elements should be highly thought of, with the hope that stronger legislative basis for the theory will be provided for China's overseas investment insurance system. The paper is divided into three parts, namely, introduction, body and conclusion, including six chapters.Chapter one is the introduction, which explains the importance of the overseas investment insurance system to promote national economic development and the importance of protection of foreign investment. And it is necessary and important that China's overseas investment insurance system should be established from the perspective of the realization of the right of subrogation, on the basis of the fact that the scale of overseas investment from the reality has grown rapidly and the meaning of the existence of the right of subrogation has been analyzed.Chapter two describes the basic theory of the overseas investment insurance system, including its concepts and characteristics, production and development, as well as the practical significance and its main content. In view of a comprehensive analysis of the right of subrogation, the right of subrogation in the overseas investment insurance system has been analyzed in particular, especially including the relationship between it and the subrogation in the national insurance law, the elements of its establishment and its relating legal relationship.Chapter three is on the analysis and comparison of the overseas investment insurance system and its right of subrogation operation mode of the world's major capital exporting countries, such as the United States, Japan and Germany. With the successful experience of these countries, useful reference could be provided for our overseas investment insurance system.Chapter four is about China's overseas investment insurance system on the status on the basis of the practice of our country's overseas investment insurance and the overall legislation on it.Chapter five is on the establishment of overseas investment insurance system in China, which has been legally thought of. The legislation model in the overseas investment insurance system has been analyzed from the perspective of the smooth realization of the right of subrogation so as to provide legislative proposals for the establishment of overseas investment insurance system in China.Chapter six is the conclusion of the paper. The overseas investment insurance system of our country should be made in order to fully protect the overseas investment of our country on the basis of the expanding of the overseas scale of investment of our country. Our country should adopt the bilateral mode in order to realize the right of subrogation and make the overseas investment insurance system perfect by reference to the successful experience of those countries.