Research On The Legal System Of Chinese Environmental Pollution Compulsory Liability Insurance

In recent years,due to the rapid development of industrialization and urbanization,environmental pollution incidents have become increasingly frequent.To address this issue,China has continuously introduced new environmental protection policies and measures to achieve the goals of environmental protection and pollution control.In this context,environmental pollution liability insurance has become an important means of environmental protection in China by addressing environmental damage issues through market mechanisms.This type of insurance not only protects the legitimate rights and interests of the infringed party,reduces the risk of the enterprise to maintain its sustainable development,but also bears the responsibility of ecological environment governance,effectively reducing the cost of environmental governance for the government.Since1991,China has been experimenting with the pilot work of environmental pollution liability insurance,during which documents have been issued multiple times for refinement and promotion.Currently,31 provinces and cities across the country have implemented environmental pollution liability insurance.In 2018,the Ministry of Ecology and Environment reviewed and approved in principle the "Draft Management Measures for Compulsory Liability Insurance for Environmental Pollution",marking a new historical stage for environmental pollution liability insurance with mandatory attributes.Environmental pollution compulsory liability insurance is a compulsory insurance that targets high-risk production and operation entities who should bear compensation liability due to their pollution of the environment.In the Environmental Protection Law,there are only encouraging provisions on environmental pollution liability insurance,while other laws,administrative regulations,and departmental rules have relatively independent provisions that require mandatory insurance in their respective fields,without forming a system.Therefore,the promotion effect of environmental pollution mandatory liability insurance is very limited,and its implementation is still in the initial stage.The scale of local regulations and policy guidance documents varies among provinces and cities,with only a few cities such as Shenzhen having designated environmental pollution compulsory liability insurance as a statutory insurance type through local regulations.The United States,Germany,Finland and other countries have advanced experience in promoting compulsory liability insurance for environmental pollution.The construction of legal systems,insurance coverage,insurance institutions,supporting measures,and other aspects are all worth learning from in China.In order to ensure the effective implementation of compulsory liability insurance for environmental pollution,it is recommended to clarify its "mandatory" nature in legal provisions,formulate implementation regulations for environmental compulsory insurance,and supplement corresponding supporting documents;In terms of insurance content,it is recommended to scientifically select the underwriting entity,expand the insurance scope,and scientifically adjust the premium rate;In terms of supporting mechanism,it is suggested to strengthen risk assessment mechanism,increase government support and introduce green finance credit support.