Research On Environmental Liability Compulsory Insurance System Construction In Our Country

In China,the economy is experiencing a period of rapid development,greatly improving the living standards and quality of the community.However,environmental pollution is becoming more and more serious,the number of emergency environmental accidents is very high in recent years,for example,the cadmium, thallium pollution incident in Guangxi,the liquid ammonia leaking accident in Shanghai Baoshan and so on.These problems of environmental pollution have become an important factor to harm public health, constrain economic and social development.With the gradual increase of the citizen’s awareness of rights,the issues for environmental tort compensation have become increasingly.At present, the main way of dispute resolution is a kind of individualized assistance,this way unable to effectively solve the heavy burden of environmental pollution.The environmental liability compulsory insurance has economic advantages to deal with the problem of environmental pollution as a means of economic environmental protection.Around the world,many countries adopt the socialized sharing mechanism in their law’s practices, environmental liability compulsory insurance have become a main way to solve environmental problems.It not only can improve the current situation of the environment pollution,balance the interests between related environment subject,but also ease social contradictions.In the early 1990s, our country has proposed the environmental liability insurance, but the effectiveness of the pilot is poor.In 2013,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 ".Chinese environmental liability compulsory insurance have made significant progress, but there are still many problems,for examples,lacking the support of relevant laws and regulations, the specific system design of the compulsory insurance is unreasonable, and the government support is not enough, and so on.Therefore, this paper chose the subject about our environmental liability insurance system construction, in order to promote the further implementation of this system.This paper is divided into four parts:The first part introduces the basic theory of the environmental liability compulsory insurance,first of all to clear the concept of environmental liability compulsory insurance and analyze its characteristics,and then illustrates the environmental liability compulsory insurance system to build the theoretical basis.The second part introduces the real basis of constructing environmental liability compulsory insurance system,in this part, mainly analyzes the the necessity and feasibility of building environmental liability compulsory insurance system from two aspects.The third part comments on the environmental liability compulsory insurance system,in this part.First introduces the present situation environmental liability compulsory insurance system, and then analyzes the existing problems of current environmental liability compulsory insurance system in China. Fourth part of this paper is building environmental liability compulsory insurance system perfect suggestions, in this part, from the legal system, concrete system construction and the relevant supporting measures, to improve the development of environmental liability compulsory insurance system put forward specific countermeasures and suggestions.