Legislative Study Of China's Overseas Investment Insurance System

The overseas investment insurance system is an important legal system in protecting and encouraging native enterprises and individuals to invest overseas. This system was initiated in 1948 in America. Its main purpose is to strengthen American overseas investment's ability with political risks. For its well effect, this system was adopted by main capital output countries of the world. With rapid increase of overseas investment in recent years, it becomes an urgent task to build up Chinese overseas investment insurance system so as to integrate with the world. At the same time, this system is one of important problem in field of international investment law today. This paper bases on our country and researches this system several aspect including theoretical base, system structure and functional mechanism. The whole paper composes with three sections: introduction, text and epilogue. The main content of each section as follows:In introduction this paper expatiates the realistic necessity of the overseas investment insurance system. Then, from the aspect of economic development and theoretical lag, the author demonstrates the necessity to build up this system in China.The text is composed by four chapters. In the first chapter, theauthor introduces the investment protection and the overseas investment insurance system. This chapter can be divided into two parts. In the first part, the author defines the overseas investment and the overseas investment protection and confirms the structure of investment protection system. Based on the first part,the author analyzes the overseas investment insurance system from several aspects including concept, theoretical base, character, history and significance.In the second chapter, the author introduces the overseas investment insurance system of USA, Japan, Germany, South Korea and Chinese Taiwan. The introduction includes the systemic pattern, the organization of accepting insurance, the qualification of the insured and the range of accepting insurance of this system of each country. At the same time the author makes a remark on each theme.In the third chapter, from three angles, the author proves the necessity of building up the overseas investment insurance system in China. The three angles are as follows: the increasing need to protect our national overseas investment, the deficiency of our national active overseas investment protect legal system and the deficiency of the active legal system in practice. The conclusion of this chapter is that it is necessary to build up the overseas investment insurance system as soon as possible to make up the need of protecting overseas investment.In the last chapter, the author puts forward his advice to the future lawmaking about the overseas investment insurance system in China. The content of this chapter includes the principle of lawmaking, the relationship with related legal system and the specific design of the overseas investment insurance system.In the epilogue, the author gives a brief summarization about the legislative aim, tenet, mode and correlative matters of Chinese overseas investment insurance systemMa Chun Zhe (International law) Directed by Yang li Zhen...