On The Improvement Of System Environmental Liability Insurance

Environmental pollution accident is not only do harm to health of victims but also destroy our surroundings. Then the legal remedy to those victims and restoration of environment become urgent issues. No matter from the aspect of protecting the legal right of victims or from strengthening the management of the risk, environmental liability insurance can be the best choice. Environmental pollution liability insurance involves economy, environmental as well as law, the exploration is a complicated and innovation of systems engineering rather than going.Our country began the first periods of practice in the environmental liability insurance pilot, this stage was only in a few cities in the northeast of China and then in nearly stagnant state. At the end of 2007, On the Guidance of Environmental Pollution Liability Insurance Work was issued. That stood for the second stage. The participant region and industry in the second stage were far beyond the first stage. The year of 2013 marks a new stage that the development of environmental liability insurance in China had very big effect. Guiding Opinions on Carrying out Environmental Pollution Liability Insurance Pilot Work was issued by ministry of environmental protection and the China insurance regulatory commission. The guiding opinions asked to carry out environmental liability insurance pilot in the industry with high risk of environmental pollution. The environmental protection law of the People’s Republic of China was implemented on January 1,2015. It added some principles to encourage insurance of environmental pollution liability although the clause is the regulation of advocacy; it has declared the new phase of environmental liability insurance legislation.Based on the practical experience of developed western countries and the current situations of our pilot project, legislation are indispensable part in the environmental liability insurance. In the meantime, it also become an crucial standard to evaluate the developing level of environmental liability insurance. This article puts forward some measures to consummate the system of environmental liability insurance through the No. 52 article in Environmental Protection Law and the study as well as experience of western countries, namely, establishing a complete legal system of environmental liability insurance, attaching more importance to the choice of environmental liability insurance mode as well as the design of the environmental liability insurance products. This paper will be divided into four parts:The first part of is the overview of environmental liability insurance. It mainly discusses the origin of environmental liability insurance system, concept and characteristics as well as the necessity of setting up environmental liability insurance system.The second part is the content of the present situation of environmental liability insurance system in China. Firstly, it introduces the phenomenon of fragmentation in the legislation of environmental liability insurance. Secondly, it is about the influence of the revision on the Environmental Protection Law then the current situation of environmental liability insurance pilot are introduced through the typical example of Wu Xi city. Finally, the problems existed in the trial of environmental liability insurance are analyzed.The third part is the practice to the relevant systems abroad and the enlightenment. Due to the environmental liability insurance system is an import which must be adapted to China’s national conditions, on its development has a profound understanding. By analyzing typical country environmental liability insurance system abroad, for the improvement of the system of environmental liability insurance provide the beneficial reference.The fourth part puts forward to perfect the environmental liability insurance system suggestion. According to the second part analysis the problems of the targeted suggest perfecting the system of environmental liability insurance. Namely, to establish complete legal system of environmental liability insurance, the choice of environmental liability insurance mode, the design of the environmental liability insurance products, from the several aspects to perfect the system of environmental liability insurance in our country.