A Study Of The Construction Of National Claims Committee Of China-From The Perspective Of The Practices Of UK And US

As the scope of overseas investment expands,investment risks also increase.In order to prevent and resolve investment risks and protect investment security,China has already begun to take relevant measures and established related mechanisms.On the one hand,China is accelerating the signing of Investment Protection Treaties with relevant countries.On the other hand,it has also begun to pay attention to the national construction of relevant protection mechanisms.For example,the Supreme People’s Court has established and formed an International Commercial Court and an International Commercial Expert Committee to build a "One-stop" International Commercial Dispute Resolution Mechanism.However,from the perspective of the construction of domestic mechanisms,we have not paid enough attention to certain systems that have already achieved significant results in Western countries,such as the system of foreign claims.The International Claims Systems of United Kingdom and United States have been established and operated for more than 70 years.From the perspective of its effectiveness,it has obviously promoted the protection of its overseas investments.Compared to the International Commercial Court established by the Supreme People’s Court,although the claims system is mainly for the nation and has a unilateral nature,it is a mechanism that countries have a preferred acceptance in practice.Is it necessary for China to consider and learn from such a system that works very effectively in the practices of United Kingdom and United States? If we learn from it,how will we specifically construct such system?Author has researched this issue accordingly.Author studies the constructions and practices of the claims mechanisms in the countries of United Kingdom and United States,and discusses its significance for China to construct such mechanism,and how shall China learn from and build this system.The author has collectedextensively the relevant documents since the establishment of the Foreign Claims Commissions of United Kingdom and United States,and has provided detailed and in-depth information on the background,its specific establishment,operation,management and procedures of the Foreign Claims Commission of United Kingdom and United States,and its relationship with other key institutions and so on.On this basis,the author discusses the advantages and disadvantages of this mechanism,and based on the discussion,it is believed that China needs to learn from this system,and build China’s National Claims Commission based on the successful experiences of United Kingdom and the United States with China’s actual situation.The author puts forward a concrete construction idea at the end of this article.