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台商大陆投资的“非商业性风险”(又称“政治风险”,含征用、禁兑、战乱等)的保险问题,是台商关注的“热点”之一,也是近年来海峡两岸有关机构和人士磋商、探讨的重大待决法律问题。本文就解决这一法律问题,列举了六种可资选用的机制,即大陆机构承保、台湾机构承保、两岸协作承保、第三地机构承保、“多边投资担保机构”(MIGA)承保、两岸协作承保与MIGA承保相结合,并立足于当前两岸的现实,对这六种机制的长短利弊,作了客观分析,提出了相应建议。
The issue of insurance for “non-commercial risks” (also known as “political risks” including expropriation, embargo and war, etc.) invested by the Taiwanese businessmen on the Mainland is one of the “hot spots” that the Taiwanese businessmen are paying attention to and is also one of the “hot spots” In consultation with the people, to discuss the major pending legal issues. In this paper, six kinds of mechanisms that can be used to solve this legal problem are listed: Continental Agency Coverage, Taiwan Agency Coverage, Cross-Strait Cooperation Coverage, Third-Party Agency Coverage, MIGA Coverage, Cross-Strait Collaboration Underwriting combined with MIGA coverage, based on the current cross-Strait reality, made an objective analysis of the short and long-term advantages and disadvantages of these six mechanisms and put forward corresponding suggestions.