The Legislative Study On Environmental Pollution Compulsory Liability Insurance In China

In traditional environmental tort, due to the limitations of civil remedies and administrative remedies, can't effectively protect the rights of the victims. It is easily to cause the group conflict, effect the stability of society, and then increase pressure of the government. It is urgent for environmental compensation to realize socialization. Environmental pollution liability insurance is one of the ways to undertake the social responsibility. Since 1990s, our country began to pilot the environmental liability insurance, due to lack of supply and demand, after more than 20 years of development. The enterprise's enthusiasm is low. Due to the lack of compulsory insurance obligations, environmental pollution liability insurance come to a deadlock. It is urgent to establish the environmental compulsory liability insurance to break the deadlock. In February,2013, the environmental protection agency and the China Insurance Regulatory Commission launched a pilot work of environmental pollution compulsory liability insurance. However, only rely on the policy documents and local legislation, lack of the legislative basis of the upper law, environmental pollution liability insurance's pilot work has been hampered, carry out unsatisfactory. The effective implementation of environmental pollution compulsory liability insurance is to enact legislation.My thesis is divided into four parts:The first part elaborates the origin of the problem. Firstly, from the beginning of the theory of environmental tort liability socialization, lead to the environmental pollution liability insurance;Secondly,state the situation of environmental pollution voluntary liability insurance in China which lead to environmental pollution compulsory liability insurance, then through our Countries' environmental pollution compulsory liability insurance, lead to the defects of the legislation.The second part analyzes the necessity and feasibility of the environmental pollution compulsory liability insurance legislation in our country.On the necessity of legislation. It is beneficial to confront the severe environment situation, balance the rights and interests of the environment subjects, regulation the defects of the voluntary liability insurance, overcome the contradiction between law and policy. On the feasibility of legislation, there is theoretical basis, legal basis, pilot practice basis and supportive policy basis.The third part introduce and comment on the legislation of foreign environment pollution compulsory liability insurance.Firstly, introduce the legislation of the United States, Germany, Sweden and other Country in environmental pollution compulsory liability insurance, and then analyses on the foreign laws, the insurance coverage, the insurance agency, and the legal responsibility.The fourth part put forward the legislative measures for the environmental pollution compulsory liability insurance in our Country.Firstly, Put forward from three different legal status of plate to improve the the legal system of environmental pollution compulsory liability insurance, the first plate is to improve the environmental specialized laws and insurance law the second plate is to formulate the "Environmental Pollution Compulsory Liability Insurance Regulations"; the third plate is to formulate specific measures for the implementation of special field environmentregulations on the environmental pollution compulsory liability insurance. Secondly,construction the concrete system include the insurance coverage, the insurance agency, the insurance rates, the liability limits, the direct claim of the third party and so on.In addition, in order to further improve my thesis,at the end of my thesis list an annex: "Environmental Pollution Compulsory Liability Insurance Regulations", according to my own opinions draft the main provisions which required in environmental pollution compulsory liability insurance.