Research On The Environmental Liability Insurance In China

The rapid development of technology and economy has brought about technological innovation and improvement of living standards,but new environmental pollution and ecological destruction have emerged one after another.While the human living standard has been improved,the requirements for the living environment are also raised.The protection and research of the adjacent rights of environmental protection will also be paid attention to.The article is to study the adjacent rights of environmental protection in depth so that it can adapt to the development of the times.The article is divided into four parts:The first part is the introduction of this article,which is divided into two main points: the first point introduces the background and significance of the topic,that is,the research background and significance of the adjacent rights of environmental protection are briefly summarized.The second point is to describe and analyze the existing research results of the adjacent rights of environmental protection,and then to find out the deficiency of the theory,and find out the place and value of the study.The second part is the research and analysis of the concept and basic power of environmental protection neighboring rights.In order to bring a systematic concept to the reader,the author gives a detailed overview of the three concepts of "environmental right","adjacent right","adjacent right to environmental protection".On the basis of the understanding of the concept of the adjacent right of environmental protection,the basic power and power of the environmental protection is further analyzed and studied.The author thinks that the adjacent rights of environmental protection are mainly five basic powers,that is,the power and energy related to the convenience of life,the power to eliminate the inviolable objects,the power to ensure the comfort of the God,and the application of the environmental protection.The power of the request and participating in the management is not great.The third part reviews the problems existing in the study of environmental protection neighboring rights and the causes of the problems.At the same time,the author fully affirms the positive effect of the existing legal provisions on environmental protection,and points out the shortcomings of the adjacent rights of environmental protection in solving complex and adjacent environmental tort disputes,and analyzes the causes of the problems from the theoretical and legal angles.The main problems and reasons are: the theoretical foundation is weak,the reason is that the theoretical circle has not paid enough attention to it;the adjacent rights of environmental protection exist in legislation,the reason is that the legislation is lagging;the relief of the adjacent right of environmental protection is ineffective,the reason lies in the lack of professional ability to solve the complicated problems.The fourth part is the countermeasures and suggestions for the problems of environmental protection neighboring rights.This part makes a deep reflection on the problems existing in the legal system of environmental protection neighboring rights,and gives corresponding solutions.To improve the legal system of adjacent rights of environmental protection,it is necessary to consolidate the theoretical basis of the adjacent rights of environmental protection,improve the legislative protection of the adjacent rights of environmental protection,and smooth the relief channels of the adjacent rights of environmental protection,so as to ensure that it can effectively promote the growth of the adjacent rights of environmental protection in China.First,to strengthen the theoretical basis of the adjacent rights of environmental protection,we need to learn and introduce advanced foreign theoretical achievements,such as "the theory of prohibition of abuse","the theory of interest and the theory of tolerance","tolerance limit theory" and "the theory of no quantity infringement",which can effectively draw the essence of these theories.Secondly,we should improve the legislative protection of the adjacent rights of environmental protection,encourage the inclusion of environmental rights into the Constitution in order to further protect the adjacent rights of environmental protection,and establish the basic principles,and make clear the rights in the law.Finally,the relief channels for the adjacent rights of environmental protection need to strengthen the professional law enforcement and private law relief force,improve the pre prevention system,construct the adjacent right guarantee mechanism of environmental protection,play the active role of "private force" relief,and improve the standards of harmful substances against the public law and private law.