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The Defects And Perfection Of Chinese Enterprises' Overseas Investment Insurance System

Posted on:2019-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:X S MengFull Text:PDF
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With the continuous promotion of China “Belt and Road(B&R)” initiative in recent years,the enthusiasm of overseas investment of Chinese enterprises has been continuously strengthened,and the scale of investment is also steadily growing.But what needs to be paid enough attention on is the problems that follows after the lack of,corresponding insurance system for overseas investment of Chinese enterprises.China's overseas investment insurance system includes normative documents such as domestic laws,regulations and rules,as well as regional multilateral investment agreements,multilateral treaties and bilateral investment treaties,which is the most important form of international treaties that China signed with more than 100 countries in the world.China has improved a lot in the construction of domestic legal system,personnel training system,institution construction,investment service system and social power coordination mechanism of overseas investment insurance system,but still exsists many problems that should not be ignored,in the overseas investment insurance legislation,the efficiency of existing norm,the content of current normative documents,the concept of related legislation,government policy,enterprise strategy,internal and external law convergence,insurance model,business management model and the legislative model.There is risk to have insurance,and the risk of overseas investment is the legislative foundation of the overseas investment insurance system.Overseas investment of Chinese enterprises has an unique risk background because of different diplomatic relations with some countries,their legal consciousness of the overseas investment and the choice of the overseas investment orientation,so it should be an extra emphasis while building the overseas investment insurance system.Overseas investment risks of Chinese enterprises include political risk,economic risk,war risk,legal risk,social and environmental risk,so the design of related types of insurance should be targeted to carry out.China's overseas investment insurance system should pay attention to the value of safety and benefits,pursuing the fundamental aim of safeguarding the national interests and national security,and adhering to the international development principle.On the reference of countries about perfecting insurance system,first of all,we can take the legislative form of overseas investment insurance system of developed countries as references--the form of merger legislation at present,and separate legislation form after the condition is ripe,then establish the basic law of overseas investment insurance of China own.Secondly,we may also draw lessons from the legislative model and the system of exercising subrogation in developed countries,and then keep following the unilateralism mode to solve problems of subrogation by diplomacy,negotiation and so on.Finally,legal status of overseas investment insurance institutions in developed countries is another good example that China could use to establish the professional semi-official and semi-private overseas investment insurance institutions in exploration,and get closer to the market-oriented service for multinational investors.The specific way to perfect the overseas investment insurance system of China should be based on the above experience and lessons,according to the national conditions of our country,we should design it pertinently and emphatically.First of all,it is necessary to establish in the unified system of export credit insurance rules applicable to the host country of overseas investment insurance,the insured investment,the insured investor,the insured investor and the insurance coverage.Secondly,the Subrogation mechanism should be improved,and then establish an unified management organization and market-oriented overseas investment insurance institutions.Finally,to perfect the supporting system construction of overseas investment insurance from the enterprise itself and social aspects.In the course of writing,the author synthetically uses methods of Inductive Analysis and Comparative Analysis to objectively analyze the legal environment of China's overseas investment insurance and the reasons for forming the present legal environment.And do comprehensive analysis on perfecting China's overseas investment insurance law system.Hope all these above are helpful to strengthen basic theory foundation research on China's overseas investment legal system and international level investment insurance law as well.
Keywords/Search Tags:Overseas Investment of Enterprises, Overseas Investment Insurance System, Overseas Investment Risk, Insurance Institutions, Subrogation
PDF Full Text Request
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