Research On My Country's Environmental Pollution Compulsory Liability Insurance Legislation

With the increasingly prominent ecological and environmental problems,largescale personal and property infringement caused by environmental pollution is not properly compensated,causing social problems.Compulsory Liability Insurance for Environmental Pollution becomes a choice for the public to deal with environmental risks.Compulsory Liability Insurance for Environmental Pollution originates from early public liability insurance.It is environmental,social and compulsory,and has the functions of safeguarding the legitimate rights and interests of the infringed,reducing the business risks,and realizing the unification of tort and liability.As a new type of insurance,it has not been developed for a long time in China.In order to accelerate the implementation of Compulsory Liability Insurance for Environmental Pollution.The former Ministry of Environmental Protection and the former Insurance Regulatory Commission jointly issued several documents in 2007,2013 and 2017,respectively.In carrying out the pilot work,we have gained experience as well as shortcomings in market demand,administration and legislation.This paper is divided into four parts.The first part elaborates the basic theory of Compulsory Liability Insurance for Environmental Pollution,including definition,characteristics,theoretical origin and legal function.The second part elaborates the legislative practice of Compulsory Liability Insurance for Environmental Pollution in China,including the historical evolution and problems existing in Law.The third part elaborates the legislative practice of the United States,Germany and the France as well as the experience enlightenment to the legislative development of China.The fourth part elaborates the legislative improvement suggestions of China's Compulsory Liability Insurance for Environmental Pollution.Based on the Measures for the Administration of Compulsory Liability Insurance For Environmental Pollution jointly issued by the former Ministry of Environmental Protection and the former Insurance Regulatory Commission in 2017.From the insurance subject and liability scope,insurance rate and liability limit as well as insurance period,insurance management supervision and risk assessment and legal liability three aspects to explore the improvement of Compulsory Liability Insurance for Environmental Pollution in China.Through the improvement of the existing legislation,the system of Compulsory Liability Insurance for Environmental Pollution will be gradually improved,and the coordinated development of Compulsory Liability Insurance for Environmental Pollution and market demand will be comprehensively promoted.