Research On Oversea Investment Insurance Law

China became one of member of the WTO that means the economy of china have connected with the economy of the world, also means the Chinese market opens continuously, the Chinese economy certainly will head for the world. However, in current our country has no the perfect mechanism to encourage the private oversea investment, this will obstruct the private investors of our country to expand in the oversea market, then influence economic development in domestic finally. The oversea investment insurance system is the best choice to resolve this problem. In developed country, this institution has experienced the development with application and perfect process, especially the United States, Japan, Germany and Korean. They have so much good experience in this field for our country at establishing the system. Currently oversea investment insurance law becomes the problem need to solute eagerly, the local scholar have entered upon the research on this problem. Writer checked the some data on this problem, mainly compared institutional system, related law and contents of the United States, Japan, Germany, and Korean, put forward some not mature viewpoint on establishing the oversea investment insurance system, and related law in system of insurance for our country combining the actual circumstance of China. This text just provides the some personal viewpoint theoretically, which might be of help to establishing the system of china in the future.The text consists of five parts and is organized as follows:PartⅠ introduces oversea investment, international investment environment and oversea investment insurance systems generally. And oversea investment insurance system is local legal system that capital export nation protect and encourage her private investor to invest oversea.PartⅡ introduces the specialty of the oversea investment insurance law in detail, including the specialty of the corpus, generally the insurer is government company or government organs, or two common management; The policyholder is limited to our country citizen, our country company, partnership or other group generally. The specialty of the insurance scope, include the foreign exchange risk, expropriation risk, war and rebellion risk, but different country has different content about the same risk. Specialty of the object, the object is the qualified investment to point to be used as the insurance object. It should include the qualified oversea investment generally, the qualified oversea investment should attain a double of winning firstly, namely both benefit to the investor and benefit to the economic development in host country; Secondly it should be limited by the new investment; Moreover the host country should be limited to nation which has made "bilateral investment treaty" with our country ,such as America, German ,Denmark and so on. But others has no such limitation, such as Australia, Norway...etc. PartⅢ introduces establishing, managing and inspecting of the oversea investment insurance systems in all countries. The United States establishes the oversea private investment company, which is belonging to State Department .The private oversea investment company in the United States is in charge of oversea private investment guarantee and insurance business. In Japan the system is consist of original insurance in oversea investment and oversea investment profits insurance. Korea established the oversea investment insurance in its 《 Export Insurance method 》, establishing the oversea investment insurance system.PartⅣ introduces the present condition of the oversea investment insurance system of China, up to the end of 2001year, business enterprises granted by Economic Trade Union amount to 6610 houses, total amount is ＄ 8,357,310,000, spread in 153 nations and regions all over the world, the distribution of Chinese investment has transacted from concentration to diversification gradually. But currently the oversea investment insurance system of china can not give enough protection that will disadvantage Chinese bu...