Building The Environmental Pollution Liability Insurance Of Our Country

Environmental pollution liability insurance is one of insurance, which according to the relevant provisions or agreement of the law, Insured person pay a certain amount of insurance to the insurer, When the insured person engaged in business activities, legalled or agreed, caused environmental pollution Should undertake environmental compensation and governance responsibility, the insurer to bear civil liability for the third man Within the agreed area of responsibility. Environmental pollution liability insurance is a contract of insurance at essential, It is one of the important way of the environmental responsibility socialization, with the features of public welfare,limited coverage, need to rely on government support etc. According to different standards, there are several model to divide environmental pollution liability insurance. With the environmental damage liability insurance, the own governance site liability insurance, the accident liability insurance, claim liability insurance, and the compulsory liability insurance, any liability insurance etc. Xiangjiang River is both a" Two types society "reform pilot area, but also a pilot areas of environmental pollution liability insurance, whose achievements and problems should as the epitome and the typical of the environmental pollution liability insurance. Xiangjiang River has made remarkable achievements in the process of Implement environmental pollution liability insurance. But because China has not yet officially legislation on the environmental pollution liability insurance, and environmental legal system is not perfect, enterprise excessive pressure etc, environmental pollution liability insurance has no scale effect, difficult to play the advantages of risk diversification.There are certain necessity and feasibility for our country to carry out the environmental pollution liability insurance. China's current environmental dispute resolution mechanism can not meet the needs of resolving the environment disputes. With the promotion of environmental tort liability socialization, environmental pollution liability insurance system has become very necessary. Meanwhile, environmental pollution liability insurance is also possible to carry out, Not only have the support of economic and legal basis, but also have a certain practical basis. Environmental pollution liability insurance system have been carried out for many years in many countries, and has risen to the law, They not only developed a sound legal, regulatory, such as Sweden, "Environmental Protection Law". "Environmental Damage Compensation Law". German"Environmental Liability Law"etc.,and established the Insurance institutions, as USA PLIA, composed by 37 American insurance companies, is a insurance federation formed an insurance pool, total share of risk, total share of loss, but also established a more neutral environmental pollution assessment agencies, Perfected the content of environmental pollution liability insurance system. Based on an in-depth comparative study of environmental pollution liability insurance system, Xiangjiang river pollution liability insurance pilot experience and lessons, foreign country's environmental pollution liability insurance system, we found to carry out environmental pollution liability insurance should be suitable for China's own national conditions, to establish appropriate legislation patterns and principles, to posite the nature of environmental pollution liability insurance accurately, to establish scientific Insurance agencies and the third party assessment agencies, and to improve the content of environmental pollution liability insurance system gradually...