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The Research Of Environmental Pollution Liability Insurance System

Posted on:2016-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y C GuoFull Text:PDF
GTID:2296330479982559Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
At present, China is in a period of high environmental pollution accident. The frequency of industrial pollution accidents increases constantly, which causes serious of environmental pollution, do harm to the health of people, destructs public property and affects social stability, especially the lack of compensation of environmental accident victims leads to many social conflicts. Therefore, it has become urgent subject to take comprehensive measures to strengthen the prevention of environmental pollution accidents beforehand, after proper treatment. Liability for environmental pollution liability insurance is an enterprise pollution accidents caused damage to a third party for the law to be borne by the subject of insurance. Using insurance instruments involved in environmental pollution accident is beneficial to decentralize business risk, which prompts companies to resume normal operation of production quickly. The other, it’s beneficial to the use of social insurance mechanisms management functions, which uses the principle of the lever mechanism to monitor the rate of enterprises to strengthen environmental risk management to improve environmental management. At last, it’s also beneficial to pay the victims fully, timely and effectively, which is conducive to social stability and economic order, and reduces the government’s economic pressures, promotes the transformation of government functions. Experience has shown that environmental pollution liability insurance can protect the economic interests of polluting enterprises, the legitimate interests of the victims, and improve environmental risks prevention and insurance agencies efficiency. Therefore, accelerating environmental pollution liability insurance system not only become the urgent need to effectively promote the historic transformation of environmental protection, but also is a useful attempt to combine the environmental governance and the market economy means.This topic is divided into five parts. The first part is introduced in the form of cases of environmental pollution liability insurance system. The second part elaborates the determination of environmental pollution liability insurance system characteristics, the role and necessity of analysis in detail. The third part describes the development process of environmental pollution liability insurance in our country, sort of in the promotion of environmental pollution liability insurance regime enacted regulations, methods and other normative documents and made a great attempt province. Part IV analyzes the effectiveness of environmental pollution liability insurance system in our country since the implementation of the pilot area achieved and emerging issues. Through previous analysis, there are many problems in environmental pollution liability insurance system, which include a lack of laws and regulations based, single insurance model, insurance agencies scattered and imperfect compensation quota system. By drawing on advanced foreign experience and combining with China’s basic national conditions, we propose some recommendations, including to improve the legal system, environmental pollution compulsory insurance-based insurance model, supplemented by voluntary insurance, insurance agencies and government departments to support specific combining and compensation quota system and environmental rescue fund proposal. We hope to improve the theoretical level, enhance the practical ability to make environmental pollution liability insurance system to better serve the country’s environmental protection work, and contributing to the promotion of environmental pollution liability insurance system.
Keywords/Search Tags:Environmental pollution liability insurance, Insurance Mode, Insurance agencies, Environment Relief Fund
PDF Full Text Request
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