Research On Legislation Of Environmental Pollution Liability Insurance In China

Since the 20 th century,with the rapid development of China’s economy and economic benefits,environmental problems have received more and more attention as a by-product of economic development.With the frequent occurrence of environmental pollution accidents,the ecological environment around the accident has been seriously damaged,it has caused great loss of social economy and brought threat to people’s life and health.Therefore,it’s urgent to take effective measures to prevent and deal with environmental pollution caused by socioeconomic development.Environmental pollution liability insurance system is one of the effective ways to solve this social problem in recent years.It can not only make up for the loss of the victims,but also help the enterprises to disperse the environmental risks in time and solve the environmental problems.However,the exploration of the system started late in China.The pilot of the two stages was carried out in the early 1990 s and 2007 respectively,but the experimental results are not very ideal.Because this system is only in the form of pilot in China,and the basis of legislation is less,the environmental pollution liability insurance system,as a beneficial system to solve environmental problems,has not fully played its due role in China.In view of this problem,by studying the relevant theoretical knowledge involved in the environmental pollution liability insurance system in China and the pilot practice of the two stages,learning and drawing on the successful experience of the developed countries,this paper points out the main problems of the environmental pollution liability insurance system in China,including the insurance mode is indeterminate,the limitation of the insurance coverage,the unitary insurance mechanism,insurance rates and responsibilities are not clear,Specific suggestions are put forward in view of the above problems,With a view to contributing to the research on environmental pollution liability insurance system in legislation in China.This paper is divided into four chapters.Chapter one is an overview of environmental pollution liability insurance.The concept,characteristics,function and theoretical basis of environmental pollution liability insurance are illuminated.Chapter two,the current situation of environmental pollution liability insurance in China and the problems existing in the legislation.Firstly,to summarize the legislation at the central and local level.Secondly,the paper expoundsthe pilot status of two stages in China,point out the problems existing in the pilot work and analyze the reasons.Finally,the paper discusses the problems existing in the legislation in terms of the insurance mode,insurance coverage,insurance mechanism,insurance rate,liability period and general defenses.Chapter three,the legislation comparison of foreign environmental pollution liability insurance and its enlightenment to China.Analyzes the legislation practice of developed countries in the area of environmental pollution liability insurance,and draws useful enlightenment in China.Chapter four,we will propose the legislative proposals in China.Through the elaboration of the first three parts,discussing about the insurance system in insurance mode,insurance coverage,insurance mechanism,insurance rate,liability period and general defenses,and put forward some reasonable suggestions for the research on legislation of environmental pollution liability insurance system in China.