Study On The Direct Request Right Of The Third Party In Compulsory Environmental Pollution Liability Insurance

Today,the achievements of Chinese economic development have attracted worldwide attention,but the environmental problems that have become increasingly serious.In recent years,environmental accidents have occurred frequently,and the nerves of Chinese people have been hurt.Enterprises are also facing more and more complex environmental risks.In order to evade and resolve these risks and build China's modern environmental risk management system,China has introduced environmental pollution liability insurance and implemented pilot projects throughout the country.However,it has found that the liability insurance market faces the relative supply and demand market.The Ministry of Ecology and Environment passed the "Measures for the Administration of Compulsory Liability Insurance for Environmental Pollution(Draft)" on May 8,2018,which means that China will uniformly establish another compulsory insurance-environmental pollution compulsory liability insurance in the form of regulations.In the environmental pollution compulsory liability insurance,the third party's direct claim may diversify the third party's remedies,help the third party's claim to the insurer become passive,and does not have to go through the intermediate link of the insured.Therefore,the means of claim is more direct and simple,and provides timely and effective means of protection for the interests of third parties.Due to the imperfect insurance system and the backwardness of insurance awareness in China,the construction of the third party direct claim right can help our country to establish the perfect third party direct claim right request mechanism.It will also provide the reference and the Enlightenment value to other types of compulsory liability insurance.This paper uses the concept analysis method to analyze the concept of the third party's direct claim right,and clarifies the characteristics and functional pursuit of the third party's direct claim right in the environmental pollution compulsory liability insurance,which lays a basic value concept for the full text.On the basis of theory,it draws on theory of the third party's direct request,make clear that the effect of the third party's direct claim is derived from the explicit provisions of the law,and establish the basic nature of the dual attribute of the claim right with the right of claim for compensation and the right to claim insurance.By means of comparative analysis,the comparative analysis of foreign direct claims and the insufficiency of other compulsory liability insurance in third-party claims is summarized,and the problems that need to be paid attention to in the specific construction of third-party claims are summarized in the environmental pollution compulsory liability insurance.According to the theoretical basis analysis,this paper analyzes the specific content of the third party's direct claim right,and puts forward the idea of expanding the scope of the third party subject,clarifying the internal relationship of the requesting object and giving equal rights to the plural third party in view of the question of the subject of the request and the object of request.Drawing on the conditions for the exercise of the claims of the third party in China,this article advocates the lifting of the restriction on the claims of third parties,and strives to balance the interests of all parties under the constraints of reducing the direct right of third parties.In order to prevent third parties from abusing the direct right of third parties,this article gives the insurer the corresponding defense rights,including the request exceeds the coverage,the relationship between the insured and the third party is not clear.Finally,in view of the deficiencies still existing in the system of direct claims of third parties in China,it is recommended to give third parties the right to recourse,to give the insurers the right to recover,to clarify the insured's obligation to assist,and to construct temporary payments in the ring Institutions,so that the interests of all parties in the ring are balanced,and the interests of the disadvantaged third party are given priority.