The Legal System Of China's Overseas Investment Insurance Study

The insurance scheme of overseas investment is one of the most important legal institutions about the protection of overseas investment. In order to insure political risks for the overseas investors and keep away the jurisdiction from host country for the mother country, protect overseas investment and encourage the investors, the government set up a special insurance institution.The first part of this article summarizes the oversea investment insurance system. First, introduces the conception of this system. Second, introduces the development history of this institution in developed countries such as America. Third, analyzes the legal characteristic of this system. Fourthly, the most important in this part, discusses the necessary of constituting overseas investment insurance system in china by analyzing diplomatic protection, MIGA, BIT, ICSID and shortage of overseas investment insurance regulation in our country.The second part conducts the comparison reach on the insurance institutions of USA, Japan and Germany which gives the insurance mode, insurance institution, coverage of insurance, condition of insurance other regulations and so on.The third part is the central content in the article. It gives advice for overseas investment insurance system and overseas investment protection.About insurance mode the writer thinks that our country should adopt bilateral insurance mode though analyzing specials in America, Japan,Germany and connecting reality in china. The writer supposes the insurance institution should configure different approver and operator. Through the same method, the writer conducts the comparison reach on the insurance coverage, insurance object, suitable insurance applicant in three major developed countries. The writer also analyzes the defect of overseas investment insurance regulation in our country.