The Study On Environmental Pollution Liability Insurance Legal System

With the development of social economy and the advancing of industrialization inour country, large-scale industry brought huge influence to people’s life, environmentalpollution happened in all parts of the country. Major pollution incidents happenedconstantly, to personal and property losses of others, caused great influence on people’slives. Facing the serious environmental pollution, however, only the laws, regulations andadministrative system has been unable to control. Existing problems are:the first,enterprise to the environment pollution not value, let the enterprise activities of variousenvironmental problems; the second, the polluting enterprises cannot afford to bear hugecompensation, once fully recovered, can lead to many enterprises bankruptcy, so a lot ofproblems arising from environmental pollution accidents by the government; Third,victims can not get reasonable compensation, the victim’s life to bring huge influence.Facing the environment pollution, pure rely on administrative measures and existing lawcould not properly solve, foreign companies involved in environmental pollution liabilityinsurance in order to solve the problem of environmental pollution, and now our countryconstruction of environmental protection department and the insurance agency to pilotprovinces implement environmental pollution liability insurance. The implementation ofthe environmental pollution liability insurance, can basically solve the above problems,achieve polluter governance, also make the social corporate responsibility fully realized.Environmental pollution liability insurance in our country is still in its infancy, thereis a shortage of related practice and theory. The implementation of the environmentalpollution liability insurance, relies on the establishment of legal system of environmentalpollution liability insurance, in the process of the practice of environmental pollutionliability insurance also has some problems. For example insurance mode selection, thescope and responsibility shall be investigated for, and so on. Environmental pollutionliability insurance has the particularity, in dealing with these problems, according to theproperties of the environmental pollution to determine a corresponding system. Inenvironmental pollution liability insurance need to have a special personnel for the degreeof pollution of the environment and the judgment and identification of damage, need theapplicant voluntarily released honest information about themselves and a series ofproblem solving. Environmental pollution liability insurance law system properly formulated to ensure the interests of environmental tort victims, and the safety of thenatural environment, promote the sustainable development of the social environment.