Study Of Environmental Liability Mandatory Isurance System

The 21 st Century is a new era of rapid development of Chinese economy, science and technology to promote the development of productivity and production innovation, greatly improving the living standards and quality of the community. But a series of problems can not be ignored, industrial pollution, air pollution, solid waste garbage pollution and other environmental problems have become increasingly severe in recent years, for example, the Gulf of Bahia oil spill, haze, chromium pollution events caused incalculable damage to the environment. The correlation of the third party victim property right and personal right also facing a great threat. Environmental damages have not only individualized assistance, but the problem of public relief, environmental liability compulsory insurance system is one of the main methods for environmental damage liability socialization. Around the world, environmental liability compulsory insurance have many widely successful practices in many countries. It not only through the insurance market to optimize the allocation of social resources, decentralized social risks of environmental pollution damage caused by a third party to make the victims to obtain timely relief and compensation, but also help to reduce the incidence of environmental pollution accidents from the source to mitigate environmental pollution status qua.In the early 1990 s, our country has proposed the environmental liability insurance, but the effectiveness of the pilot is poor and not plays a practical role. In 2013, according to the new situation of our country to strengthen prevention and control of heavy metal pollution environment, the Department of Environmental Protection and the China Insurance Regulatory Commission jointly issued "the opinion of carrying out the environmental pollution compulsory liability insurance pilot work " on the basis of pilot experience in the past six. Since then, provincial and municipal environmental liability compulsory insurance of the work in full swing. At present, Chinese environmental liability compulsory insurance have made significant progress, but there are still many problems, the relevant laws and supporting measures are not perfect, the specific design of the system is not reasonable. These problems will be restricting environmental liability compulsory insurance of further development. It is our priority to learn the successful experience of environmental liability insurance from developed countries and strive to build environmental responsibility for our country’s compulsory insurance system.This paper is divided into four parts: The first part introduces the status qua of Chinese environmental liability compulsory insurance work and problems, firstly expounds Chinese environmental pollution events in recent years, followed by the introduction of the specific overall operation of the pilot and the Human Province mode of operation. The second part discusses the specific problem of environmental liability compulsory insurance pilot work and the reasons. The third part is the analysis of the environmental liability insurance mode in Germany, Japan, the United States and other foreign developed countries, there has much enlightenment to construct Chinese environmental liability compulsory insurance system. The fourth part is the focus of the article that Chinese environmental liability compulsory insurance system improvement recommendations. From the legislative level, the specific design of the system and the improvement of supporting measures to consummate the country’s environmental liability compulsory insurance system.