The Establishment Of Chinese Environment Pollution Compulsory Liability Insurance System

With the development of social economy, the environmental pollution is increasingly serious in our country. The problem of compensation for damages intensifies along it. Some developed countries introduce the system of liability insurance to solve the dispute of environmental damage compensation. It spreads risk reasonably and guarantees the victim to obtain comprehensive and timely compensation. The compulsory liability insurance of environmental pollution is carried out actively, and has formed a relatively mature theory system. At the end of2007, China released the guide to environmental liability insurance and launched the pilot job of environmental liability insurance preliminarily, but the law in our country does not regulate specially the pattern of it, making it lack legislation support of the development of environmental pollution liability insurance. Thus, the author thinks that we should strengthen mandatory approaches to the implementation of environmental pollution liability insurance, and perfect legislation system and its ring risks to build the entire system.This article mainly divides into four parts, aiming at the construction of environmental pollution compulsory liability insurance system in our country. The first part mainly focuses on the definition of compulsory liability insurance of environmental pollution, the conceptual clarity, the environmental characteristics, the functions of the compulsory liability insurance and the analysis of the legal economic theory. The second part mainly aims at the insufficience of the current situation of environmental pollution liability insurance. The first pilot of environmental liability is analyzed to illustrate the importance of the implementation of compulsory liability insurance of environmental pollution, and then is the interpretation of latest release of compulsory liability insurance pilot work guidance to analyze the existing problems and figure out how to improve. The third part analyzes the experience of the compulsory liability insurance of environmental pollution from the aspects of system and the practice to compare research.The fourth part, starting from the concrete system design of compulsory liability insurance, suggest that clear and perfect the compulsory environmental pollution liability insurance system should be established from the aspects pf legislation, content of insurance contract, the establishment of supervision and other auxiliary mechanism.