Study On Environmental Pollution Liability Insurance System

It is urgent to solve the problem of environmental pollution.In the face of the damage caused by environmental pollution to the victims and the compensation for environmental pollution infringement,it is impossible to solve a large number of problems caused by environmental pollution only by traditional civil tort relief and government aftercare.From the experience of foreign countries,environmental pollution liability insurance can effectively share the risk of environmental pollution,effectively alleviate the pressure of the government.In recent years,China's environmental pollution liability insurance has also developed to a certain extent,and a series of environmental pollution liability insurance pilot work has been carried out.In the 1990 s,our country carried out environmental pollution liability insurance pilot projects in Dalian,Shenyang and other cities,but ultimately failed because of the high premium,narrow coverage and low compensation rate.With the awakening of citizen's environmental rights protection consciousness,the pilot work of environmental pollution liability insurance has been restored again since 2007 after appeals from various parties.While achieving certain results,it also faces some obstacles.As a special liability insurance,environmental pollution liability insurance has both commercial and public benefits.Therefore,its promotion is more difficult than the general commercial insurance,facing many obstacles.There are some problems such as unreasonable premium rate setting,narrow insurance coverage,single product,low enthusiasm of enterprises to insure.The main reasons for the legal system are as follows: Firstly,the legal system of civil damage compensation for environmental infringement in China is not perfect,the liability for compensation is relatively light,and the enterprises lack enthusiasm to insure.Secondly,China's environmental pollution risk assessment and damage assessment legal system is lacking,and the insurance premium rate is unreasonable.Thirdly,the concrete operation legal systemof insurance institutions needs to be improved.There is an urgent need to expand the scope of insurance,improve the mode of insurance,and disperse risks through insurance funds and reinsurance system.Therefore,in view of the current dilemma in the implementation of environmental pollution liability insurance in China,it is necessary to learn from the successful experience of foreign environmental pollution liability insurance implementation,and put forward strategies to improve the legal system of environmental pollution liability insurance in China in light of China's national conditions.Mainly from the following aspects to improve: first,improve the legal system of environmental tort damage compensation;second,establish environmental pollution risk assessment and damage assessment legal system;third,improve the specific operation of insurance companies legal system.