Studies On The System Of Overseas Investment Guaranty For Chinese Enterprises

Overseas Investment Guaranty Program is a system that the country exports the capitalexecutes to remedy political risks after it happen. By this means, this program plays an importantrole in encouraging and protecting the capital export countries’ private overseas investment，whichis in favor of the domestic private overseas investment against the political risks under theimplementation of the post to make up an insurance system. Overseas Investment GuarantyProgram is provided by a government of national financial resources and authority,"the StateGuarantees", it has strong political overtones, and not for profit. Overseas Investment GuarantyProgram was initiated in1948in America, For its well effect，this system was adopted by manymain capital exporting countries of the world.Overseas Investment Guaranty Program involves the two levels of bilateral agreements anddomestic Laws. With the expansion and extension of outward foreign direct investment of Chineseinvestors. Chinese benefits in foreign direct investment have increased significantly. It is essentialto make further research and prompt on the Overseas Investment Guaranty Program of outwardforeign direct investment. By the end of2001，China has established the settlement of OverseasInvestment Guaranty Program. By far, the Overseas Investment Guaranty Program has set up.However, China has not legally confirmed the Overseas Investment Guaranty Program. Besides,the international treaties and bilateral agreements are not strong enough to provide indemnity.Therefore, the impeccable establishment of Overseas Investment Guaranty Program is of greatimportance to guarantee the overseas economic safety of the country and the legal right of theoutward foreign direct investors. Analyzing current situation and shortage of our country’sOverseas Investment Guaranty Program is necessary. This based on the present related OverseasInvestment Guaranty Program regulations, accounts for the shortage of our country’s OverseasInvestment Guaranty Program from the perspective of guaranty undertakers, guaranty conditions,Subrogation right of claim and so on. China should improve the Overseas Investment GuarantyProgram on outward foreign direct investment at the two levels of bilateral agreements anddomestic Laws，in particular, focusing on domestic Laws. According to our specific nationalcondition and the legislative experience from other countries, this thesis makes proposals for ourcountry’s Overseas Investment Guaranty Program from the perspectives of guaranty undertakers,guaranty conditions, subrogation right of claim and so on. The mode choice of our Overseas Investment Guaranty Program, first described the mode of the United States, Japan and Germany,then analyze the advantages and disadvantages, taking into account the status of our country, thatwe should learn German, taking the mixed mode. The last is about the basic ideas of our OverseasInvestment Guaranty Program, including the guaranty undertakers, guaranty conditions, guarantycoverage, subrogation right of claim, the guaranty period， and guaranty aspects. Comparing therelated content of the United States, Japan and Germany, obtain the appropriate provision of ourcountry.