Research On The Legal System Of Environmental Pollutionliability Insurance In China

With the rapid development of industrialization and urbanization,the environmental pollution is becoming more and more serious,and the environmental tort is becoming more and more frequent.This brings great loss to the national economy and public interests.It is difficult for administrative means and legal means to deal with environmental pollution.In this context,environmental pollution liability insurance came into being.Environmental pollution liability insurance distribution the environmental pollution damage compensation to society,which can effectively and quickly fill the loss of victims,but also can diversify the risk of environmental liability,what's more,it also can reduce the government's environmental pollution control burden.The United States is the first country to carry out the environmental pollution liability insurance,and then many countries have introduced this mechanism to solve the problem of environmental pollution,after years of development,most of them have a prefect environmental pollution liability insurance system.China experimented environmental pollution liability insurance in the 1990 s,after almost 20 years of development,it achieves certain results,but it also falls into a difficult state.Therefore,researches pay more attention on the theoretical research of environmental pollution liability insurance.On the one hand,the focus of the current theoretical research is how to establish the environmental pollution liability insurance system and other issues,on the other hand is how to combine the current economic development.This paper focuses on the construction of the above system,in order to contribute to the theory of the environmental pollution liability insurance.Based on the existing research results,this paper discusses the construction of the legal system of environmental pollution liability insurance in China based on the principles of insurance and law.In the introductory section,this paper explicates the research background,purpose and significance,domestic and foreign research,and points out the innovation of the article.The second chapter is a fundamental part of the environmental liability insurance system,including the connotation of the system,characteristics,roles,and the establishment of the system,analysis of the construction of environmental pollution liability insurance legal system should adhere to the theory of social responsibility,external cost internalization theory,environmental rights theory,sustainable development theory.The third chapter introduces the necessity and feasibility of constructing environmental pollution liability insurance in China by discuss the current situation,China's environmental pollution liability insurance pilot area problems,achievements and the social environment etc,in order to providing realistic basis for the construction of the system.The fourth part chooses the representative countries-American,French and German,introduces its stipulations in the environmental pollution liability insurance system,and provides some reference for the construction of China's environmental pollution liability insurance system.The fifth part elaborates the basic idea of constructing the legal system of environmental pollution liability insurance: The principal aim is maintain social and economic order and social public activities,regulating environmental pollution liability insurance activities,protect the rights of environmental pollution liability insurance parties and third party victims.The legislation of environmental pollution liability insurance in our country is more suitable for administrative legislation,on the foundation of the basic principles of insurance law:The principle of honesty and credit,we should also emphasize the principle of combining economic interests and environmental interests and protecting the interests of victims;the insurance policy of China's environmental pollution liability insurance system should be mandatory,arbitrarily supplemented;insurance should be gradually widened;underwriting institutions should take " founded by the government while the operated by people " mechanism.At the same time,the construction of the legal system of environmental pollution liability insurance also needs to cooperate with the environmental pollution risk assessment and damage assessment system,information sharing platform system and green credit system,in order to realize the environmental pollution liability insurance to the maximum extent Legislative value.