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Study On Environmental Pollution Liability Insurance From The View Of Perspective Of Tort Liability Law

Posted on:2018-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:F F ZhengFull Text:PDF
GTID:2346330518986884Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Environmental infringement has the characteristics of legitimacy,indirectness,extensive consequences of damage and so on.Traditional tort liability law is difficult to deal with environmental pollution cases.The principle of fault liability is difficult to adequately relieve the victim,the principle of the proximate cause is difficult,and the relief of the individual is weak.In order to solve the current predicament,the traditional tort liability to the direction of social development,and environmental pollution liability insurance was born.Environmental pollution liability insurance function,perfect the traditional tort liability law.But at present China's environmental pollution liability insurance related to the legislation scattered,environmental pollution liability insurance practice to promote difficult.Zhejiang Province,environmental pollution liability insurance pilot to carry out a long time,the number of insurance companies and insurance companies are a lot of funds,so the implementation of environmental pollution liability insurance in Zhejiang Province for the study of the status of the object is representative.Through the investigation of the scope of responsibility,exemption clauses,insurance rates,policy implementation and analysis,we can find that there are many problems in environmental pollution liability insurance.Environmental pollution liability insurance market supply and demand is insufficient,the market main body enthusiasm is not high;Environmental pollution liability insurance contract coverage is limited,many exemption clauses;Premium rates set too high,the insurance rate pricing mechanism is not perfect;The corresponding environmental pollution liability insurance system development is not perfect.It is imperative to perfect China 's environmental pollution liability insurance system by referring to foreign relevant practical experience.Suggestions are as follows:Tort liability law and environmental pollution liability insurance complement each other,to improve the environmental tort relief system;Speed up the construction of the legal system of environmental pollution liability insurance based on tort liability law;Reasonable design of environmental pollution liability insurance system,including the establishment of compulsory insurance and voluntary insurance combination of insurance model,to expand the scope of coverage,distinguish between exemption clauses,build insurance cost formula,improve the rate pricing mechanism.Improve the environmental pollution liability insurance supporting system,including the development of environmental standards,improve the risk assessment mechanism,the establishment of environmental pollution damage compensation identification platform,the establishment of environmental catastrophe risk dispersion mechanism and environmental catastrophe fund system.
Keywords/Search Tags:Tort liability law, Environmental Pollution Liability Insurance, insurance rate, Environmental Pollution Mandatory Liability Insurance, Socialization
PDF Full Text Request
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