Research On Legal System Of Environmental Pollution Compulsory Liability Insurance

In the field of human social sciences,the legal system has its own process of gestating,generating,developing,expanding and transforming.As a necessary unit of the modern commercial legal system,so is the environmental pollution compulsory liability insurance.Due to the differences in institutional system,specific national conditions,environmental science,and environmental rights awareness,China's legal system of environmental pollution compulsory liability insurance has formed its own localization status in terms of system value,breeding process,and feature positioning.In May 2018,the "Administrative Measures on Environmental Pollution Compulsory Liability Insurance(Draft)" was reviewed and approved.There are many institutional innovations in the "Measures(Draft)",and some systems are inadequate.This paper adheres to the coherence of the research path,and explores the institutional value and classical theoretical basis of the legal system of environmental pollution compulsory liability insurance.By sorting out the birth process of this legal system,the localization characteristics of this legal system are compiled.Then,with the introduction of China's "Administrative Measures for Compulsory Liability Insurance for Environmental Pollution(Draft)",from the perspective of legal philosophy,sociology of law,law and economics,and commercial legal characteristics,using historical analysis methods and comparative methods The method of China's"Environmental Pollution Compulsory Liability Insurance Management Measures(Draft)" in the scope of insurance liability,scope of exclusion,the timing of insurance liability trigger,penalties for mandatory violations,the scope of mandatory policyholders,the limitation period of claims,etc.In-depth analysis and interpretation,while giving his own constructive suggestions on various issues.The conclusion of this paper is:In the past 40 years,China's environmental pollution compulsory liability insurance system has produced its own institutional value,and has experienced four historical stages,forming its own localization characteristics.However,in order to truly realize the social justice and innovation of the legal system of environmental pollution compulsory liability insurance in China,at least the efforts of legal system construction should be made from the following aspects:expanding the scope of insurance liability,compressing the scope of exclusion,and premature insurance liability.Trigger the time,establish substantive enforcement rules,clarify the scope of mandatory policyholders,extend the limitation period of claims,and establish a scientific rate mechanism.