Research On The Legislation Of Overseas Investment Insurance In China

Overseas investment is a transnational economic activity, which obtains high profits while facing a high risk, and the political risk which the non-investors cannot control happened in host countries will seriously affect the profits of overseas investors. On guard against this type of political risk, the investment countries’ overseas investment insurance is particularly important. The overseas investment insurance is a kind of insurance provided by the investment countries’government for the domestic overseas investors in case of the political risks they may face in other countries, which can share the loss that the overseas investors may suffer. With the deep development of opening to the outside world, more and more domestic enterprises are searching for overseas investment. However, no overseas investment insurance system has been established in China, and there’s no relevant legislation, which has a negative effect on the further development of China’s overseas investment. This article started from China’s law on overseas investment, first introduced the basic situation of China’s overseas investment insurance, as well as analyzed the overseas investment insurance part of BIT and the Convention Establishing the Multilateral Investment Guarantee Agency, and raised the questions of China’s legislation on overseas investment insurance and the necessity to develop China’s law on overseas investment insurance. Secondly, by comparing to the countries that have systematic legislation of overseas investment insurance such as the United States, Japan and Germany, this article draw the conclusion that China’s law on overseas investment insurance should take example by that in Germany. Finally, this article put forward the idea of the substantial part and procedural part of China’s law on overseas investment insurance, hoping to provide a reference for China’s legislation of overseas investment insurance.