Research On The Emprovement Of Environmental Pollution Liability Insurance Legal System Of China

Major environmental pollution accidents have occurred frequently in our country in recent years,which brought about tremendous loss to the victims and the nation.It is shown by social practice from home and abroad that,environmental pollution liability insurance is very effective in preventing and controlling risks of pollution.By allocating the damage in a reasonable way,as well as giving out relief to the victims in the least possible time,the insurance ensured a maximum of the whole societys welfare.The system of environmental pollution liability insurance is closely related to the system of compensation for the damages brought by pollution.The margin of the compensation coverage is the subject matter of the insurance.Vice versa,the insurance serves the purpose of shifting risk and spreading loss of those companies suffering from pollution.However,it didnt go well,when the nation started the agenda to promote pollution liability insurance.Few companies were active in getting involved with the insurance.As to the reasons why,firstly,its mainly because of the flaws of the legal system about compensation problems.Theres simply no need for companies responsible to consider reducing compensation fees when they can easily get away with the crime.Secondly,our country has not yet establish environmental pollution risk assessment and damage assessment standards,on the one hand,that leads to the insurance company cannot risk for insurance enterprise accounting,and leads that the rate set is not science,on the other hand it leads to environmental tort scope is difficult to determine,cause claims scope is difficult to come to an agreement;Thirdly,China has less regulation of insurance industry in environmental pollution liability insurance system.To avoid business risk,insurance companies cover only the liability for accidental environmental pollution at a high rate.They are unable to provide the ring liability insurance products that meet the needs of enterprises.So,facing the serious environmental pollution problem in China,perfecting China’s environmental pollution liability insurance system has become urgently needed.Because of all above,the article makes recommendations from the following three aspects:firstly,the system of civil damages for environmental tort must be strictly controlled to increase the liability for civil damages for environmental pollution,and it can fundamentally improve the enterprise’s insurance motivation;The second,establishing environmental pollution risk assessment and damage assessment mechanism to solve the problem of risk data and damage scope of environmental pollution liability insurance.The third,we should improve the regulations of the insurance industry in the system of environmental pollution liability insurance to improve the quality of the insurance company’s supply service.Through these three methods,we can increase the incentive to insure enterprises,improve the quality of insurance service for the insurance companies,the victims can be fully compensated,the risk of environmental pollution can be effectively controlled from the source,finally we can realize the benign and sustainable development of environmental pollution liability insurance and the harmony of economy,society and environment in all of China.