Research On Legal Issues Of Compulsory Liability Insurance For Environmental Pollution In China

The environmental pollution liability insurance,which has been piloted in our country since the last century,has not achieved the expected results due to its excessive arbitrariness and lack of mandatory.Environmental pollution compulsory liability insurance has attracted the attention of environmental law and insurance academic circles with its compulsory mechanism.An important component of green insurance-environmental pollution compulsory liability insurance has been piloted in some high-risk enterprises in our country for seven years.Although the central government has paid special attention to it,it has issued documents many times to try to give guidance.The local governments have responded enthusiastically and announced the parts in the provinces and cities.The pilot list of high-risk companies looks good on the surface,but the lack of supporting regulations,poor environmental risk assessment and management technology,and immature insurance products that have been exposed cannot be ignored.These problems have hindered the implementation of strong environmental insurance,especially the first point.First of all,the supporting laws and regulations of our country are not comprehensive,so that the legal compulsory of the environmental pollution compulsory liability insurance cannot be reflected.Therefore,our country does not have a substantive legal definition of environmental compulsory insurance.Secondly,due to the lack of principled guidance from the Basic Law,compulsory environmental pollution liability insurance can only be applied in very few areas in accordance with individual regulations.These individual regulations also lack operability,and the system requires content construction.Thirdly,the lack of technical guidance documents for environmental risk assessment at the official level in our country makes it difficult to provide technical indicators and basis for the two parties in the insurance contract to determine the insurance rate based on this,leading insurance companies and insured companies to hesitate to wait and see for compulsory environmental pollution liability insurance status.Finally,there is no connection between insurance products and market demand,and products urgently need to be innovated and strengthened.In view of the above obstacles,this article gives some practical views from the choice of legislative model,the main content of the construction of the environmental pollution compulsory liability insurance system,the enhancement of environmental risk management technology,and the optimization of insurance products.I hope to provide our country with compulsory liability insurance for environmental pollution.The advancement of the cause contributes to the progress.