Legal Research On System Of China's Overseas Investment Insurance

In order to encourage and protect the interests of its overseas investment,home country often provides guarantee against political or other risks for its investors.Once the insured risk occurs and causes the loss,home country will compensate the loss,which means so called system of overseas investment insurance.The core of the system is the right of subrogation;it can share political risks and reduce the loss with investors and encourage transnational capital safe flow through government insurance.With the development of the “one belt and one road” initiative,China's overseas investment has shown a fast rising trend,but the political risks before them are also accompanied.The system of overseas investment insurance is the important requirements put forth by the “one belt and one road” initiative for China's law system construction.However,until now there is no statutory law of China's overseas investment insurance law;and there exist many problems in the operation of our overseas investment insurance system.Most of our FDI has gone to high-risk areas of political risk.In order to facilitate domestic enterprises' going out,there is urgent need to improve the existing overseas investment insurance system and promulgate written law.This thesis analyzes the current situations of overseas investment insurance system in China,and then puts forward the relevant suggestions and ideas to perfect System of China's Overseas Investment Insurance.The thesis consists of the preface and four chapters.The preface discusses the necessity of perfecting system of overseas investment insurance via introducing the present situation of rapid growth of China's overseas investment,the limits of the overseas investment insurance system,and the plight of bilateral and multilateral investment.In addition,it gives a brief introduction of literature review,research methods and frameworks.From the political risk,the first chapter summarizes the types and characteristics of political risk faced by Chinese enterprises.Political risks include the spillover of terrorism and extremist risk,armed conflicts,the political risk caused by environmental problems,the political risk caused by sovereign debt crisis,energy nationalism risk,government default and investment policy changes risk.At the same time,characteristics of political risk are divided into seven categories,including the coexisting of the traditional civil war risk and the political violence risk in peace,indirect expropriation multiplying daily,rising inconvertibility risk,rising non-traditional political risk index,etc.The second chapter mainly summarizes the practice of the system and the risk guarantee measures which are adopted by the enterprises in domestic at present.In the perspective of the system in practice,the characteristics can be summed up in two aspects.First,this system performs non-profit policy function.Second,it serves open economy,which includes coexistence of reducing the enterprise loss and developing risk market.The third chapter analyzes the related cases and data of China's overseas investment insurance business institutions,China Export & Credit Insurance Corporation,and summarizes the existing disadvantages of overseas investment insurance system in our country,such as absence of overseas insurance statutory law system,the unclear legal status of insurance institution and the limitations of insurance mode,etc.The forth chapter describes the legal thoughts about the sound legislation of China's overseas investment insurance system from domestic law.For example,we should adhere to the legislations in conducing to local economic development,state monopoly,and green economy and safeguarding human rights when making overseas investment insurance law;choosing overseas investment insurance legal system with Chinese characteristics,namely the bilateral security is given priority to,supplemented unilateral guarantee.According to the current development of China's overseas investment “blowout” situation,this thesis puts forth some suggestions and ideas for improvement of our overseas investment insurance institutions,insurance coverage and insurance conditions,etc.