| Environmental liability insurance, also known as environmental pollution liability insurance or green insurance, is one of the three environmental and economic policies(the other two are the green credit and green security). It has long been included into the overall consideration of environmental policy development. Environmental liability compulsory insurance is developed from environmental liability insurance which, nowadays, has almost taken the place of the later in the pilot work. Under the circumstance with neither specified law to follow nor solid social fundation, environmental liability compulsory insurance fell into an embarrassed situation. Theoretically, the disscussion of environmental liability compulsory insurance has never stopped. However, since the relevant implementation work has already entered the stage of practical operation, this paper considers it necessary to summarize the current achievements and actively explore ways for further experimental work. Out of this purpose, this paper will start with the current situation of environmental liability compulsory, analyze the difficulties, combine the domestic and international experience and try to give suggestions to solve the difficulties from legal point of view.This paper is divided into four chapters. Below is the introduction of each chapter.The first chapter is a summary of the periodic pilot work of China’s environmental liability compulsory insurance from three aspects, namely, the insurance situation, claims status and legislative support. Based on the related data and scale of enviromental liability compulsory and main content of the current legal system which has been constructed, the causes are analyzed and explored, through which the difficulties of China’s environmental liability compulsory insurance are presented from the legal system, supporting systems, government support, insurance carriers and social consciousness aspects.The second chapter focuses on the environmental liability compulsory insurance or other compulsory insurances which are more mature both domestic or abroad. This paper selectes the United States and German as examples to explore the aspects that can be learnt from. The former combines the environmental liability compulsory insurance and environmental liability voluntary insurance and the later constructs the most stringent environmental liability compulsory insurance. The main study point is built from the perspective of the legal system, elaborating how the laws influences the insurance practices. Finally, the implications of foreign experience are concluded.The third chapter is the key section of this paper. The countermeasures for the difficulties of environmental liability compulsory insurance are put forward according to the second chapter. This chapter is divided into six parts which proposed srategies in four aspects. For the construction of legal system, it is recommended to take a single administrative legislation and flexible local legislation, at the meantime, strengthen the judicial practice of environmental tortious liability. Government and enterprises shall work together to build supporting mechanisms and design insurance products scientifically. Based on the theory of social insurance management functions, the insurer’s initiative shall be full played and the risk be socialised to avoid that in operation.Improve public participation, build public interest litigation channels and create an environmental liability compulsory insurance social atmosphere.The fourth chapter is an conclusion. This paper argues that environmental liability compulsory insurance has good prospect. The continued emphasis on environmental issues, constantly constructed legal system, expension of the enforcement power of environmental protection department and more public participation are the most obvious proof. Environmental liability compulsory insurance may face much more qustions in implementation, these will need us to continue to explore and resolve in practice. |
PDF Full Text Request