论我国海外投资保险制度的构建

摘要

The overseas investment insurance system is such a system established by the capital-exporting country to protect its overseas investment and eliminate the political risk of its nationals＇ overseas investment. The insurer and the insurance coverage are two very important factors to establish the overseas investment insurance sys- tem. In China, the overseas investment activities were comparatively carried out late, but its development has been extremely rapid. However, China has not yet established the overseas investment insurance system up to now that has been universally practiced by the developed countries. The insurer＇ s qualification for China＇ s overseas investment insurance system establishment should be admitted in the way that the agency of its direct investment administration ＆ approval and the branch for its business insurance management should be respectively established. Besides, the insurance coverage should include default risk, terrorism risk, business interruption risk etc. in addition to expropri- ation risk, foreign exchange risk and war risk that have been generally guaranteed by almost every country.%海外投资保险制度是资本输出国为了保护本国海外投资、消除本国国民海外投资的政治风险而建立的一种保护制度。保险人和保险范围是构建海外投资保险制度中两个非常重要的问题。在我国，海外投资活动尽管开展得较晚，但其发展却极为迅速，然而，目前我国尚未建立起发达国家所普遍实行的海外投资保险制度。我国在建立海外投资保险制度中，保险人的资格应采取将直接投资的管理、审批机构与具体承办海外投资保险业务的保险机构分开成立的方式，保险范围除了各国一般承保的征收险、外汇险以及战争险，还应包括违约风险、恐怖主义风险以及营业中断风险。