Study On The Insurability Of Ecological Environment Damage

Under the background of ecological civilization construction constantly deepened,civil environmental public interest litigation,ecological environment damage compensation lawsuit,environmental information disclosure,environmental liability insurance,and a series of ecological environment protection and promotes the maintenance of environmental public interest launched new environmental management system,for the country’s environmental governance tian fu the new energy and breath.However,"the future is bright,but the road is tortuous." These new environmental governance systems have not only achieved a breakthrough in the original pattern of environmental governance,but also encountered many theoretical and practical challenges and tests.This is true for compulsory environmental liability insurance system which has the nature of public and private law.In the process of the implementation of compulsory environmental liability insurance system,the disputes on its legitimacy basis,the scope and subject matter of the insurance,and the exclusion liability are not only practical problems that have troubled the practice of the system,but also theoretical problems that have not been solved in the academic circle.If mandatory environmental liability insurance is widely implemented,a large number of environmental pollution and ecological damage behavior subjects are divided by the mechanism of liability insurance,which not only destroys the principle of "polluter bears the burden",but also is not conducive to play the deterrent and punishment functions of environmental responsibility.This leads to the moral hazard problem in environmental liability insurance.Then,from the perspective of environmental justice and legitimate environmental interests that environmental law studies are committed to maintaining,does it meet the requirements of legitimacy to include ecological environmental damage into compulsory liability insurance for environmental pollution? This study will start from the legislative purpose,system function and value of compulsory environmental liability insurance system for environmental pollution,to explore whether compulsory environmental liability insurance covers ecological environmental damage.This essay mainly includes six chapters:Chapter one focuses on the insurability of ecological environmental damage under the compulsory liability insurance system for environmental pollution.Based on the introduction,the research on the insurability theory of insurance is comprehensively sorted out and summarized,and the dilemma faced by this research approach is reflected.Chapter two reveals the reasons behind insurability’s predicament.Insurability is to consider the issue of insurance coverage and insurability from the perspective of the insurer,and the value pursuit behind it is profitability.This conflicts with environmental liability insurance of public welfare nature.Chapter three and chapter four will introduce and sort out the propositions of environmental law.The research on the coverage and insurability of compulsory environmental liability insurance is analyzed from the aspects of subject,value pursuit and advantages and disadvantages respectively,and the research paradigm of the legitimacy of environmental law is summarized.Chapter five introduces the international experience of underwriting ecological damage,and analyzes the underwriting criteria of these different underwriting modes.Among them,the United States,Germany is the combination of compulsory underwriting and voluntary underwriting model;South Korea is a typical country that implements compulsory environmental liability insurance system,and the insurance of ecological environmental damage is also under this framework.In terms of environmental liability insurance,Japan completely pursues free market doctrine and carries out voluntary underwriting principle.Chapter six analyzes the nature and insurability of the subject matter of liability.The types of compensation liability for ecological environment damage include preventive disposal cost,cleaning cost,ecological restoration cost,etc.The content and nature of each liability involved in ecological environmental damage should also be fully considered as to whether ecological environmental damage can be insured.