海外投资风险防范与安全管理的法律思考

近年来，中国的海外投资数额大幅增长，但同时也面临着经营亏损、管理不善、缺乏投资担保机制与损失救济措施等问题。因此有必要充分认识中国海外投资风险，从法律制度层面构建我国海外投资的风险防控机制与安全管理体系，在风险可控的前提下稳步推进“走出去”战略的实施。在分析海外投资风险类型及原因的基础上，从国际法与国内法角度，就我国海外投资风险防范与安全管理的机制构建，阐述具体的路径方法、法律措施与政策建议。

Legal Concern on the Risk Prevention and Security Management of Chinese Overseas Investment

In the last few years, the amount of Chinese overseas investment has grown sharply, meanwhile Chinese investment is also confronted with such problems as operating losses, poor management, lack of investment guarantee mechanism and shortage of loss remedy measures. Therefore, it is necessary to comprehensively study Chinese overseas investment risks, then create a risk-control and security management system based on legal systems. Only under the premise of risk-control, could China steadily implement its "Going Out" strategy. With analysis of types and reasons of Chinese overseas investment risks, this article gives a concrete narration, from aspects of international law and national law, of approaches with methods, legal measures and policy proposal for system establishment of risk prevention and security management of Chinese oversea investment.