我国海外投资保险现状及立法完善
发布时间：2019-04-16 12:09
【摘要】：海外投资保险,又称海外投资保证,通常指海外投资者以东道国可能发生的政治风险作为保险事由,向本国海外投资保险机构申请保险并订立保险合同,由本国承保机构承担政治风险的保险责任。它是资本输出国为了保护本国国民在国外投资的安全,避免政治风险损失而实行的事先预防、事后弥补的保险制度。美国1948年首创该制度成效显著,目前各主要资本输出国相继建立了相应的海外投资保险制度。近年来,我国海外投资迅速发展,但还没有建立完备的海外投资保险制度,这对我国企业制定全球发展战略极为不利。建立有中国特色并且与世界通行做法接轨的海外投资保险法律制度迫在眉睫。 本文分为四个部分,拟在分析我国在海外投资的立法和实践方面的不足,比较主要资本输出国家的海外投资保险制度的基础上,来完善我国的海外投资保险制度。 第一部分介绍了我国海外投资保险的现状,先说明了海外投资和海外投资保险的概念及特征,然后说明我国海外直接投资和海外投资保险的现状及特点,通过数据的对比和分析,说明我国海外投资保险相比迅速发展的海外投资显得滞后。 第二部分介绍了我国海外投资的立法概况以及中国出口信用保险公司的承保程序,从立法和实践两个方面来论证我国完善海外投资立法的必要性。 第三部分主要是说明我国海外投资法律制度的模式选择,先分别阐述美国、日本和德国的海外投资保险法律制度的模式,分析其优缺点并进行比较,然后针对我国的现状,得出我国应学习德国,采取混合模式。 第四部分是完善我国海外投资保险制度的基本思路,包括承保机构、承保条件、承保范围、代位求偿权、保险期限、保险费和保险金几个方面,都是对美国、日本和德国的相关内容进行比较,然后分析得出适合我国的海外投资保险的规定。
[Abstract]:Overseas investment insurance, also known as overseas investment guarantee, usually refers to overseas investors applying for insurance and entering into insurance contracts with their overseas investment insurance institutions on the basis of political risks that may occur in the host country. Insurance liability for political risk is borne by the local underwriting agency. It is an insurance system adopted by capital exporting countries in order to protect the safety of their nationals' investment abroad and avoid the loss of political risk. In 1948, the United States created the system to achieve remarkable results. At present, the major capital exporting countries have established the corresponding overseas investment insurance system one after another. In recent years, China's overseas investment has developed rapidly, but it has not established a complete overseas investment insurance system, which is very disadvantageous to the formulation of global development strategy for Chinese enterprises. It is urgent to establish a legal system of overseas investment insurance with Chinese characteristics and in line with the common practice in the world. This paper is divided into four parts. It is intended to perfect the overseas investment insurance system in China on the basis of analyzing the deficiencies in the legislation and practice of China's overseas investment and comparing the overseas investment insurance system of the main capital exporting countries. The first part introduces the status quo of China's overseas investment insurance, first explains the concept and characteristics of overseas investment and overseas investment insurance, and then explains the current situation and characteristics of China's overseas direct investment and overseas investment insurance. Through the comparison and analysis of the data, it shows that the overseas investment insurance of our country lags behind the rapid development of overseas investment. The second part introduces the legislation general situation of our country overseas investment and the underwriting procedure of China export credit insurance company, and proves the necessity of perfecting the overseas investment legislation from two aspects of legislation and practice. The third part mainly explains the mode choice of the overseas investment legal system of our country. Firstly, it expounds the models of the overseas investment insurance legal system of the United States, Japan and Germany, analyzes its advantages and disadvantages and makes a comparison, and then aims at the present situation of our country. It is concluded that our country should learn from Germany and adopt the mixed model. The fourth part is the basic thinking of perfecting China's overseas investment insurance system, including underwriting institutions, underwriting conditions, underwriting scope, subrogation right, insurance period, insurance premium and insurance premium, all of which are to the United States. Japan and Germany to compare the relevant content, and then analysis of China suitable for overseas investment insurance regulations.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.1;D922.29
[Abstract]:Overseas investment insurance, also known as overseas investment guarantee, usually refers to overseas investors applying for insurance and entering into insurance contracts with their overseas investment insurance institutions on the basis of political risks that may occur in the host country. Insurance liability for political risk is borne by the local underwriting agency. It is an insurance system adopted by capital exporting countries in order to protect the safety of their nationals' investment abroad and avoid the loss of political risk. In 1948, the United States created the system to achieve remarkable results. At present, the major capital exporting countries have established the corresponding overseas investment insurance system one after another. In recent years, China's overseas investment has developed rapidly, but it has not established a complete overseas investment insurance system, which is very disadvantageous to the formulation of global development strategy for Chinese enterprises. It is urgent to establish a legal system of overseas investment insurance with Chinese characteristics and in line with the common practice in the world. This paper is divided into four parts. It is intended to perfect the overseas investment insurance system in China on the basis of analyzing the deficiencies in the legislation and practice of China's overseas investment and comparing the overseas investment insurance system of the main capital exporting countries. The first part introduces the status quo of China's overseas investment insurance, first explains the concept and characteristics of overseas investment and overseas investment insurance, and then explains the current situation and characteristics of China's overseas direct investment and overseas investment insurance. Through the comparison and analysis of the data, it shows that the overseas investment insurance of our country lags behind the rapid development of overseas investment. The second part introduces the legislation general situation of our country overseas investment and the underwriting procedure of China export credit insurance company, and proves the necessity of perfecting the overseas investment legislation from two aspects of legislation and practice. The third part mainly explains the mode choice of the overseas investment legal system of our country. Firstly, it expounds the models of the overseas investment insurance legal system of the United States, Japan and Germany, analyzes its advantages and disadvantages and makes a comparison, and then aims at the present situation of our country. It is concluded that our country should learn from Germany and adopt the mixed model. The fourth part is the basic thinking of perfecting China's overseas investment insurance system, including underwriting institutions, underwriting conditions, underwriting scope, subrogation right, insurance period, insurance premium and insurance premium, all of which are to the United States. Japan and Germany to compare the relevant content, and then analysis of China suitable for overseas investment insurance regulations.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.1;D922.29
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