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Study On Compulsory Insurance System For Environmental Pollution In China

Posted on:2019-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y X JiFull Text:PDF
GTID:2371330548995077Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The compulsory insurance of environmental pollution liability is a kind of insurance which is compulsory for the enterprise to be insured and the insurance company is insured.In order to ensure that the enterprise will bear the corresponding liability for damages after the environment is polluted,the two parties of the legal relationship of insurance law are stipulated by law.In order to achieve the healthy development of the economic plan,need to undertake the social responsibility of the compulsory environmental pollution liability insurance,using insurance own social and public welfare,dissolve the government in such aspects as financial problems.Environmental pollution accidents bring at least two impacts,one is that the environment is seriously damaged by pollution,and the other is a large number of victims of environmental pollution.This is both an environmental and a social problem,which cannot be properly solved by our current legislation.Treated with topical areas in China first with the pilot to explore methods to get out of the woods,but the pilot does not work well and exposed the enterprise existing confusion leading to insure enthusiasm is not high,insurance companies that government support is limited and difficult problems.The fundamental factor behind this is the lack of effective laws and regulations as guidance,and no law can be effectively carried out under the conditions of clear guidance.Therefore,in order to break the ice of the pilot work,only the first construction of the guiding laws and regulations is to institutionalize the compulsory insurance for environmental pollution.In this paper,the study of environmental pollution liability compulsory insurance,using a variety of methods clarify environmental pollution liability compulsory insurance system of theory,summarizes the pilot run,and absorb the foreign experience,to carry out the insurance for our country's environmental pollution liability compulsory insurance system construction are proposed.Treated with topical areas in China first with the pilot to explore methods to get out of the woods,but the pilot does not work well and exposed the enterprise existing confusion leading to insure enthusiasm is not high,insurance companies that government support is limited and difficult problems.It can be said that the previous government's attempt to carry out the voluntary environmental pollution liability insurance failed,but it still found the contradictions exposed by the problems exposed.The fundamental factor behind this is the lack of effective laws and regulations as guidance,and no law can be effectively carried out under the conditions of clear guidance.This paper studies the compulsory environmental pollution liability insurance in three parts.the first part starts with its background and purpose,analyzes its theoretical basis and necessity to find its position and corresponding value in environmental liability,so as to pave the way for the following system exploration.The second part introduces the legal system and pilot exploration of China's environmental strong liability insurance.the analysis shows that the insurance companies lack experience in underwriting,the insurance companies lack enthusiasm in underwriting,and the government departments lack support.The third part summarizes and analyzes the relevant insurance policies of other countries outside the country.it can be seen that each country guides various domestic industries to develop in a good direction through continuous improvement of relevant systems.finally,it comes to a series of detailed and detailed ideas on the legislative perfection of our country's system,the main regulation of the system,the content design of the system,and a series of measures matched with the compulsory environmental pollution liability insurance system,so as to perfect the relevant laws and regulations of our country's current compulsory environmental pollution liability insurance mechanism.
Keywords/Search Tags:environmental pollution, compulsory insurance, dynamic monitoring mechan ism, system research
PDF Full Text Request
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