China’s Environmental Pollution Liability Insurance System Improvement

In recent years, some enterprises in environmental pollution accident, can not afford the huge compensation due to the brink of bankruptcy, the victims are also due to lack of due compensation conflict with the business, a serious impact on social stability. To balance the tortfeasor and the victim of conflict of interest between the countries in the world in damages for infringement of social sharing mechanism for a lot of useful exploration, and that by conducting environmental pollution liability insurance, the insurance that the use of economic instruments to address environmental market pollution damages issue is one of the most effective ways. Therefore, many countries have established this system, through the channels of the insurance liability for damages socialization.Environmental pollution liability insurance refers to insurance environment due to pollution should bear the liability according to law or governance responsibility is a subject matter insured liability insurance. The insurance can not only share the risk and ease pressure on corporate compensation, but also timely relief to the victims, but also reduce the burden on the government to maintain social stability. China since2008pilot implementation of the insurance since, in practice, has made some progress. But in the pilot implementation also revealed some problems, such as insurance companies enthusiasm is still not high, the pilot implementation of the lack of legal support, theory and practice needs further and so on.This paper studies the system involving relevant theoretical issues, combined with China’s practical situation, the problems in-depth analysis on China’s system to study and explore ways to improve clear of the system path selection and architecture to environmental pollution liability insurance system vigorously contribute.This paper is divided into five parts:The first part of the introduction. This article describes some of the major topics of the research purpose and significance of the research methods used to study the basic ideas and the main content of the research status are reviewed.The second part, environmental pollution liability insurance system, the basic theory. Section Ⅰ introduces the social relief Infringement legal basis, analyzes the limitations of the traditional relief system, and analyzes the social environmental tort relief implementation path. Section of the insurance concept and characteristics were defined, analyzed the system was established theoretical basis and describes the functions of this system value.The third part, China’s system development situation and problem analysis The first section describes the environmental pollution liability insurance of the development of the legal system of the sort. Section Ⅱ on the cause of the problems in-depth analysis.The fourth part, section for the overall design of compulsory insurance model provides the building ideas. Section Ⅱ Improving the system of law presented a detailed legislative proposals. Section Ⅲ of environmental pollution liability insurance designed specifically detailed suggestions. Section Ⅳ on the establishment of the system support mechanisms proposed vision.