Build China's Overseas Investment Insurance Legal System Of A Number Of Studies

Accompanied by the constantly deepened reform of "Going out" strategy, more and more outstanding enterprises choose to invest aboard and develop machining trade, as well as to cooperate with foreign enterprises to explore resource and to develop international contact business. From2002to2010, the immediate invest to foreign countries is keeping growing with a increasing rate of54%in China. The abrupt chaos caused by war of Libya in2011rendered China enormous financial loss, but the insurance was paid less than400million. China invests to such developing countries in Asia and Africa where are rampant with economic chaos and changeable polices, and this makes Chinese enterprises confront more political risks when they invest abroad. Therefore, how to help Chinese investors to avoid risks when they invest aboard, especially political risks, becomes an essential issue of academic circle. System of overseas insurance is an important law for the countries which output the capital to protect and encourage the overseas investment, which is universally employed by developed countries such as American, Japan and Germany. This thesis is based on the analysis of the system of overseas insurance in developed countries, and to put forward some suggestions about the building of Chinese system of overseas insurance.This thesis has four parts. The first part introduces the conception of the insurance system of overseas investment, its history and legal characteristics. The second part is divided into three sections which discusses the significance of the building of such a system. The first section of the second part discusses the current situation and characteristics of Chinese overseas investment. The second section introduces the current Chinese law of overseas investment and its problems. The third section mainly discusses significance of the building of such a system. The third part is divided into two sections. The first section introduces the practice and inspiration of some representative developed countries, such as American, Japan and Germany. The second section introduces the practice and revelation in relating international terms from the aspects of convention of multilateral investment guarantee and the treaty of the protection of bilateral investment. The last part of this thesis gives some suggestions about the building of Chinese legal system of overseas investment, and it can be divided into three sections. The first one expounds the principles of the building of such a legal system. The second section discusses the choice of the mode of the building. The third analyzes the specific contents of the building, and it is mainly discusses from the organization structuring, requirement of acceptance, the scopes of acceptance and right of claim of agency of the insurance organization of overseas investment.