| Overseas Investment Insurance system was founded in USA since 1948 and many developed country, such as Japan/ Germany / British etc, followed in succession. After several tens of years developing, Overseas Investment system had played more and more important roles in International Investment fields, which had been popularly acknowledged. Overseas Investment Insurance system actually is an idea means with Non-commercial risk and the key function is to pay for any investor's losing by the Overseas Investment Insurance Institute according to the Insurance contract and after by to let host country pay for any losing to such institute, in which the investor can be effectively secured. So that such Investment insurance system can realize to protect the investor's interest, to facilitate the overseas investment by domestic company and to enhanced the competitive position of homeland. China as a capital export's country had been more and more important part in the worlds'economic and has more promoted the position through the economics'continual increasing after China joined WTO. Especially when Chinese company rapidly increase their directly oversea investment and expands their overseas investment fields into a flat and high speed developing stage, comparing with flourishing oversea investment, it seems not fit that China has no legislation of Overseas Investment insurance system. The rules has only been practiced by China Export Credit Insurance Company , which is an insurance company offering insurance service for overseas investment, while Chinese law can't offer any security for investor through any international treaty or mutual contract by Chinese signature. Therefore, it's very urgent to build up a mature system for abroad investment insurance. After analyzing the overseas investment insurance system from USA, we could refer the basis of their mature system within China real situation to clarify the system through legislation, inside which, the system selection, the legislation principal, the fields of insurance accepting, the institute of insurance accepting, the eligible investment , the realizing right of subrogation etc can all be confirmed, So that it could found up and consummate the overseas investment insurance system to more facilities the developing of abroad investment. |