On The Construction Of Environmental Liability Insurance System In China

Based on the study of the pilot areas of environmental liability insurance in China,this paper points out that the rate of environmental liability insurance is over high and the claim amount is not sufficient to make up for the loss in these areas.The rate of environmental liability insurance of insurance companies is several or even dozens of times higher than the average rate.Although insurance companies provide a claim actively when environmental pollution accidents happen,but its amount not enough to let an enterprise get out of the difficult position,and that is why the enterprise does not choose to cover insurance.At present,legal system of environmental liability insurance in our country still needs to be improved.We can learn from the "multi-level and three-dimensional legislation" model of oil pollution damage liability insurance.In regard to these problems,we can draw on the experience of overseas environmental liability insurance systems.In the United States,at the same time of constructing their environmental insurance legal system,they solve the problem of environmental responsibility during corporate mergers and acquisitions.In Germany,administrative liability and criminal liability are combined to punish enterprises that don't insure as required.In Russia,they have compulsory national ecological insurance in case of environmental damage to maintain the vital interest of relevant legal persons and natural persons.The author investigates the status of environmental liability insurance system overseas with the help of comparative method and empirical method and constructs the environmental liability insurance system in line with China's national conditions.We should speed up to establish our Environmental Liability Insurance Law,and improve the existing environmental legal system formed by law as the main body,supplemented by administrative regulations and the local legislation.Compulsory environmental liability insurance shall be carried out in key regions.According to the risk assessment standards,different insurance rates shall be carried out by the intervention of third-party professors and institutions.The insurance rate making method shall be written into law and to assure its legal role.In order to ensure the maximal protection of victims' interests of environmental pollution,settlement of claims should be distinguished.The limitation of environmental tort should be extended to 10 years and the limit of environmental tort claims should be determined on the basis of risk assessment.