Research On The Legal Management Path Of Political Risk In Chinese Enterprises’ Overseas Infrastructure Investment

How to deal with the political risk of overseas infrastructure investment from the legal level is an important subject to be solved urgently.Among them,overseas investment in infrastructure,refers to the investment subject,represented by the enterprise in our country,it has local and foreign currency capital as capital,driven by China’s capital,financial institutions,mainly across borders into other countries’ infrastructure projects,has the control right over the formation of investment rights and interests,in order to realize the investment in infrastructure projects are built and operating efficiency,The economic behavior that realizes the value increment of investment subject and investment project.This paper analyzes the legal path of political risk protection of overseas infrastructure investment from the perspective of protection,first of all,it is necessary to make good use of the existing international law framework,namely the treaty between the government provides the environment,such as intergovernmental treaty,the government and enterprise mode for the parties to the main body of investment protection agreement to abide by the terms of the rights,obligations and responsibilities clear,To provide multiple effective rights and interests protection channels.To be specific,this paper discusses in depth the overall situation,risk types,characteristics of political risks and the composition of political risks of Chinese enterprises’ overseas infrastructure investment risks.In summary,the risk types of overseas infrastructure investment by Chinese enterprises include political risk,economic risk,legal risk and policy risk.Among them,political risk is a very typical type.Political risk is composed of political risk factors,political risk accidents,political risk losses and other elements,showing the characteristics of enternality,compulsion and specificity.The typical political risks of overseas infrastructure investment by Chinese enterprises mainly include political risks caused by big power games and risks caused by political shifts and turmoil in the host countries.In view of the problems of Chinese enterprises’ political risk prevention in overseas infrastructure investment,such as incomplete legal and regulatory system,incomplete government service support system,risk management level to be improved,and imperfect dispute resolution service guarantee system,it is suggested to improve from the following five aspects:firstly,to strengthen overseas infrastructure investment protection legislation,establish a sound domestic and international legal system;secondly,to improve government service guarantee and rights and interests maintenance mechanism,optimize government services,strengthen protection capacity and attach importance to rights and interests maintenance;third,give full play to the role of intermediary service institutions,promote the nationalization of professional lawyers and other consulting institutions,enhance the discourse of finance,insurance,rating and think tanks,and improve the participation and credibility of arbitration institutions;fourth,improve the ability of Chinese enterprises to control political risks and operate in compliance,consolidate the governance foundation of enterprises’ overseas investment compliance,and strengthen the Fourthly,to improve the political risk control and compliance operation capability of Chinese enterprises,consolidate the governance foundation of overseas investment compliance,strengthen the organization and institutional system of overseas investment political risk prevention,and strictly control key risk factors.