On The Construction Of China’s Overseas Investment Insurance Regime

Overseas investment insurance scheme is protected by the country and reducesthe risk of overseas investors. The system makes overseas investment moreguaranteed and is being welcome by the capital exporting countries and overseasinvestors. The output of our country grows so rapidly that it is so necessary for us toestablish our own regime. The thesis analyzes the reasons why our country shouldestablish and improve the regime and introduces the most characteristics overseasinvestment insurance system of the United States, Germany and Japan. The thesis putforward own proposal and tentative idea on the construction of our regime at last.The thesis is divided into four parts to discuss the theme:The first part is the summary of the scheme. First, the thesis defines the categoryof overseas investment from the different classification of the internationalinvestment. Then, the thesis explains the basic meaning and introduces the origin ofthe overseas investment insurance scheme. In order to execute the plan of foreign aid,the scheme originated in the United States and the country started to set up theoverseas investment insurance agency which can take the politic risk. Gradually,other developed countries began to follow the scheme. Subsequently a fewdeveloping countries also made corresponding scheme.The second part is the analysis of the present situation about the overseasinvestment insurance system of our country. The domestic legislation is not perfect.The special legislation of the system is almost blank and the effectiveness of thedepartmental regulations or policy regulation is so low. At the international level, ourcountry has been associated with a large number of countries and signed the bilateralinvestment protection agreement. However, there is no domestic legislation basis, sothese regulations of overseas investment insurance contract exist in name only. Inaddition, although our country has joined the MIGA, the limitation of the overseas insurance makes the overseas investment have not been a great significantly protected.Because of the rapid development of our overseas investment in recent years, ourinvestors are facing with enormous political risk. These are all the reasons that ourcountry should establish the scheme above.The third part is the introduction and analysis about the scheme about the UnitedStates, Germany and Japan in which countries the system has the typical significanceand the characteristics. The thesis researches on these aspects of a comparativeanalysis about the scheme of three countries, such as subject of legal relation, thecoverage of insurance, the conditions that the qualified investment should satisfy andthe insurance premium, period of insurance and insurance compensation. There aretwo subjects in the United States and Japan and three subjects in Germany. Theinsurance scheme of three countries all covers these three types risk: the foreignexchange risk, expropriation risk and war risk. In addition, they regulate some otherspecial insurance respectively. Three countries have qualified investment from threeaspects that are investment, investors and host.The fourth part is on the construction of our regime. Our scheme can use themodel of Germany that there are three subjects in the legal relation. Except for theforeign exchange risk, expropriation risk and war risk, we can also regulate somespecial types, such as government default risk and delay in payment risk. Our countrycan draw lessons from the practice of three countries on qualified investments. Ourcountry should regulate the insurance premium, period of insurance and insurancecompensation according to our actual situation and set them scientifically.