| The level of opening up has been increasing and the scale of foreign trade has been expanding, since our country began to reform and open up. In2001, China joined the World Trade Organization (WTO). It provides us with new development opportunities to China’s foreign trade, but the challenges and opportunities are always together. Facing a variety of opportunities and challenges, the problem is becoming badly in need of being resolved, which is how to constantly adjust our trade, diplomatic policies and perfect the relevant legislation.In order to continue expanding the scale of the national export trade and promoting the development level of their economies, all countries have made a variety of policies and measures to encourage or support their export enterprises, of that export-credit insurance is one of the most outstanding. Although China has also opened this business, but there is no specific legislation. It caused the low level in the development of export credit insurance industry and the weak extent of regulation. So there is an urgent need to draw up a law for guiding and regulating China’s export credit insurance. The purpose of this paper is to put forward some suggestions for it.The article firstly analyses the theoretical basis of the export credit insurance, because of the lack of our legal system for export credit insurance. In this foundation, we see, as a result of the WTO rule to the restriction of the traditional export trade policy and our country macroeconomic policy goal, constructing and consummating the export credit guarantee legal regime is extremely essential. In order to construct a export credit law suiting our country, first combined with our current situation, the thesis points some problems in the insurance’s development process from angles of the insurer, the insured. For example, the insurer is in a small scale and a low service levels. The qualifications of the insured are defined in relatively vague. The insured has weak awareness of risk prevention. The rights and obligations of the insurer and the insured is overly broad definition. Management and supervision system is not perfect and the lack of special legislation, and so on. We can learn from them directly, for the reason that many countries in the world have achieved success. By describing the Export-Credit Insurance Corporation of Japan. Germany, and making a comparative analysis of two countries, the article attempts to get the suitable mode for our country and make some suggestions. For example, for the applicant’s qualification, it makes a clear definition. For the insured’s qualification of medium-and long-term export credit insurance, it should be clearly defined, strengthen the supervision and management of export credit insurance, and so on. The innovation of this paper is that through the comparative analysis of the operation mode Japan and Germany, putting forward to learning from Germany to build a legal system, which will combine export-credit insurance’s character in policy and business. |
