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

With the development of the domestic economy gradually,environmental tort events occurred frequently.It is increasingly difficult to keep the environment safe.However,after the occurrence of environmental pollution,enterprises often can not afford the huge amount of environmental restoration compensation.Trapped in a cycle of "corporate pollution,government and victim pay".To implement environmental pollution liability insurance,to share the financial cost of polluting the environment with the means of market,has become the system choice for many countries to manage and repair the environment.Environmental pollution liability insurance refers to a kind of commercial insurance that the insured should bear many civil liability in accordance with the law after the occurrence of an environmental pollution accident.In June 2017,the ministry promulgated "the measures for the management of environmental pollution compulsory liability insurance(draft)",this is the first time in our country which make specific system regulation.It is a breakthrough in China’s environmental pollution liability insurance legal system.Under the background of this time,it is of great significance to study the legal system of environmental liability insurance in China.In recent years,the development of China’s environmental liability insurance market is not optimistic,exposing many related problems.First,the legal system of environmental liability insurance in China is still very imperfect,and the promotion of environmental liability insurance lacks legal guarantee.No national legislation guarantee is the essential reason to restrict the development of the insurance.In the case of imperfect legal system,relevant supporting legal system is also missing.The promotion of environmental liability insurance has been promoted by policy for many years.The lack of relevant legal system leads to the accident of environmental pollution damage.The liability of the relevant subject is not clear,and the enterprise is not afraid of environmental tort.Second,there is no strict moral hazard prevention system in the existing legal system of environmental liability insurance.Thirdly,due to the short development time of the insurance products,insurance products have many defects in the rate setting and design of insurance products.So the insurance products are not attractive.Fourth,the insurance mechanism compensation ability is limited,and it is difficult to pay compensation for the catastrophe risk caused by environmental pollution.Fifth,policy-holder doubt the actual value of insurance product and compensate effect,so the insurance enthusiasm is not high.This paper analyzed the legal system of environmental pollution liability insurance related experience,puts forward some advice to perfect the related system:in establishing and perfecting the legal system of environmental pollution liability insurance,suggested to speed up the change "insurance law" and "environmental law".In this process,special laws should be formulated,and the implementation details of the insurance should be formulated;In the choice of insurance mode,it is suggested to adopt the mode of coercion and arbitrariness in accordance with China’s national conditions.The specific application rules of different insurance modes are determined by reasonably dividing the environmental risks faced by enterprises.In terms of coverage,it is recommended to further expand the coverage of environmental liability insurance in China,including the environmental responsibility of the gradual accident.In view of how to prevent the moral hazard in the system of environmental liability insurance,it is suggested that strict moral hazard prevention system should be established.By introducing the system of limit compensation and environmental risk information sharing system,the social value of environmental pollution liability insurance can be truly realized.For the problems in the design of relevant insurance products in China,it is suggested that the rates should be re-determined according to the actual situation and the insurance products should be enriched;It is suggested that China should establish the coinsurance system of environmental pollution liability insurance,in order to deal with the problem of serious lack of underwriting ability of underwriting agencies.