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当代海外投资保险与保证制度经过半个世纪的发展已相当完备。我国在立足于本国国情的情况下,有必要借鉴和吸收其有效经验。我国海外投资保险与保证制度的立法应体现以下原则:国家应成为海外投资保险与保证制度法律关系的主体,私人投资应逐步成为海外投资的主要承保对象,海外投资保险制度应与中小企业信用保证制度相结合,利用国际公约保护与海外投资保险制度相结合。
The development of the modern overseas investment insurance and guarantee system has been quite complete after half a century. In our country, based on its own national conditions, it is necessary to learn from and absorb its effective experience. The legislation of overseas investment insurance and guarantee system in our country should embody the following principles: the state should be the main body of the legal relationship of overseas investment insurance and guarantee system, private investment should gradually become the main object of overseas investment, and the overseas investment insurance system should be in line with the credit guarantee of SME System, combining the protection of international conventions with the overseas investment insurance system.