海外投资保险代位求偿权分析-国际法学专业论文.docxVIP

3 3 在承保机构、投保人、保险对象、保险范围和损失赔偿等方面提出了我国 海外投资保险代位求偿权具体制度的立法构想。本部分较为独创的是，结 合我国国情，提出了我国宜采用海外投资保险审批机构与经营机构合一的 承保机构模式，并提出了立法配套建议。 关键词：海外投资保险 代位求偿权 立法选择 PAGE PAGE 1 Abstract The overseas investment insurance scheme, worked as a system promoting and ensuring overseas investment, was initiated by the United States in 1948, after the Second World War. Then it was wildly adopted by western capital-exporting countries. After half century’s theoretical investigation and practice, it develops into a mature overseas investment protection system, which plays an important role in expanding overseas investment, fully utilizing overseas resource and developing international market. Unfortunately, China has not established a legal system of overseas investment insurance till now. Thanks to the 20 years overseas investment practice, especially after China’s entry to WTO, China’s overseas investment get a qualitative leap both in quality and quantity. Because of the lack of overseas investment insurance system, there is no strong legal guarantee for China’s overseas investment. In order to protect the rights and interests of Chinese overseas investors, accelerate the grow up and mightiness of our country, the author think that China’s overseas investment insurance legal scheme should be established as soon as possible. It’s of great significance both on theory and practice to research the subrogation, because it’s the core content of overseas investment insurance scheme. This thesis make the subrogation as a start to get a clearer understanding of overseas investment insurance scheme. The author wants to enrich legislative theory and help to establish the legislative system of China’s overseas investment insurance by historical analysis research and comparative research methods, from legislation and practice points of view. The content of this thesis is composed of 5 parts. The first part is focus on the general introduction of overseas investment insurance scheme, Beginning from the de