Research On The Legal Issue Of Overseas Investment Insurance

The overseas investment insurance system is extremely important in overseas investment activities.It is a system that the domestic government provide security for its overseas investors because the overseas investors may encounter political risks.If the investors suffered losses because of its underwriting political risk,domestic insurance institutions will compensate for it.This system was first born in the United States in the 1940 s,and it provides for the approval and management of overseas investment,owned by the United States overseas private investment company.Subsequently,the system has been introduced to Germany,Japan,Australia and other countries in order to protect the smooth flow of domestic capital flows internationally,and gradually establish a suitable overseas investment insurance system.With the development of global economic integration,China's openness is advancing,a new global competitive landscape has emerged,the overseas investment of china developed rapidly.In order to stimulate the enthusiasm of overseas investment enterprises and guarantee the success of the investment project at the same time,our country set up a overseas investment insurance institutions,namely China Export Credit Insurance Company.This is a national insurance organization.However,the vigorous development of overseas investment activities are not suited to the development of China's overseas investment insurance system,and there are many shortcomings and many areas to be resolved.Definitely China's growing overseas investment activities is bound to be affected.The purpose of this paper is to study and compare the developed countries' overseas investment insurance on the basis of advanced legislation,and then make a further discussion on how to build China's relevant legal system,summed up and put forward some recommendations on China's overseas investment insurance legislation.From the basic definition of overseas investment,the article make a brief exposition from the main content,characteristics,development respectively.This paper analyzes the current situation and existing problems of overseas investment insurance system in China,and then studies the successful experiences and failures experiences of overseas investment insurance in developed countries such as the United States,Japan and the United Kingdom.Combined with the domestic conditions and legal system construction,the article put forward the measures which suitable for our country's construction of overseas investment insurance.In addition to the introduction,this paper is divided into four parts,the first part is the basic profile about overseas investment insurance system,which mainly discusses the legal system of overseas investment insurance in China,including its concept,characteristics,historical evolution and so on,and insists on the basic principles of international economic law.The second part discusses the current situation and problems of China's overseas investment insurance system,this part analyzes the present situation from the practical and legislative aspects and the political risk respectively,and then points out the shortcomings,including the lack of legislation system,mode choice,specific insurance institutions and the specific content of the insurance system.The third part analyzes the successful legislation experience and lessons of developed countries,and draws lessons from the research and analysis of the overseas investment insurance system of the United States,Germany and Japan.The fourth part elaborates the optimization path of China's overseas investment insurance system.And puts forward some relevant legal system suggestions from the perspectives of perfect legislation,mode choice,insurance institution setting and specific content of insurance system.