Export Credit Insurance Legal Issues

It is well known, the market economy is not only legal economy, but the credit economy. In the international trade, especially the market transaction needs high credit. As a result of the international trade, for the domestic trade the exporter faces a bigger risk, for example, the buyer goes bankrupt, refuses to accept, is behind in payment and faces the political risk which cannot controlled. If not be reduced risk through the certain mechanism, which affect the exporter the enthusiasm and economical development. In order to reduce the risk, we must establish some certain mechanism. It's not enough for the exporter to do. The other many countries provide the corresponding system for their exporters.Along with the development of the international trade liberalization, the scope and it's the influence unceasingly expand, especially after WTO trade system established. Many countries carries out international trade rule and fair competition environment, which causes many countries have to reduce or cancel direct finance support. In this case, the value of export credit guarantee system of the importance to promote rapidly, many national and the local governments specially take measures, and the export credit guarantee is regarded as one economical auxiliary booster. At the same time, the exporter develops the export credit guarantee and regards it as the protective umbrella and wind vane, and receives for own exportation collects to provide the safety control and reduce risk.Comparing with international export credit insurance history and development, China's export credit insurance system is late. Now with the business development scale and speed, It has been unable to meet its foreign economic and trade development. Although the revised "Foreign Trade Law" has confirmed the export credit insurance legal status, China has so far failed to provide specialized export credit insurance laws, this is very detrimental to the export credit insurance development, thus to discuss the export credit insurance laws Construction of a number of issues, there will be a lot of realistic significance. Base on the above, this article threads up the research subject and consists of four chapters, apart from the Preface and the Concluding Remarks:Chapter one: "the basic theories of export credit guarantee". This chapter defines the credit and credit insurance; To define export credit insurance and summarize their features; Particularly through commercial insurance and the relative ratio, analysis of export credit insurance in nature, so as to realize the export credit insurance special financing and policy support functions; Because of this, the final chapter proof of export credit insurance system's basic functions.Chapter two: "the basic principle of export credit guarantee". First analyzing the general insurance principle, then mainly induce export credit guarantee basic principle. The author believes that, only from inducing the export credit guarantee the basic principle, can we provide the guide principle of legal matter for the discussion export credit guarantee.Chapter three: "comparatively anglicizing the main country export credit guarantee law system". This chapter is one of the key parts of the essay. This chapter study the world's major national export credit insurance legal system mainly inspects and summarizes the similarities and differences; By comparison, in theory, Predicts the international system of export credit insurance trend of development. Specifically including: export credit insurance services privatization; Export credit insurance corporation international; Export credit insurance corporation of business diversification and under writing projects enlarge the scope of inspection.Chapter four: "Constructing of our country export credit guarantee legal system". The goal of this article will construct export credit guarantee legal system which benefits our country now and in the future, therefore this chapter is key part.Main contents: Our country export credit guarantee and its legislation historical development and its the present situation, based on these, our country export credit guarantee system exists in-ext questions; From many aspects analyzing the necessity and the urgency on constructing the export credit guarantee legal system in our country; And put forward certain proposals on how to construct our country the export credit guarantee legal system. It's worth explaining, according to the our country present stage on the export credit guarantee legislation actual situation, as well as the comprehensive character of the export credit guarantee contains the content, the author believed, at present, our country export credit guarantee legal system should be taken insures fundamental law(including commercial law and insurance law) as basis, and be taken certain laws and regulations as main body legal framework; After formulating and consummating these legal systems, our country formulates export credit guarantee specific law and regulation.There are three innovation points in this essay: First, through horizontal comparing national export credit insurance legal system, summing up national system of export credit insurance the differences and similarities; Second, through comprehensive package export credit insurance in China's history and civilization of the outstanding issues, Enact China's export credit insurance legal system; Third, the proposal of building China's export credit insurance legal system, of the existing laws and legal interpretations of the issues raised unique viewpoints.