Research On Legal Issues Of Liability Limit System For Environmental Pollution Compulsory Liability Insurance

As a system necessary for the development of environmental pollution compulsory insurance,the environmental pollution compulsory insurance liability limit system sacrifices part of the interests of victims of environmental pollution accidents to protect the development of environmental pollution compulsory insurance at the early stage of development and related to national economy and people’s livelihood,which is conducive to protection The overall interest of the society realizes the development and efficiency value of the law.However,during the pilot process,the liability limit system for environmental pollution compulsory liability insurance lacked the upper-level regulations,the unification of laws and the principle of fairness were difficult to implement,and the problem of unreasonable application of liability limits was unreasonable.Layers of haze are not conducive to the implementation of the liability limit system for environmental pollution compulsory liability insurance.In order to minimize the cost of legal governance and promote the implementation of environmental pollution compulsory liability insurance,the above problems must be solved.Through the investigation of the theory and practice of the domestic and international environmental pollution compulsory liability insurance liability limit system,the concept of perfecting the environmental pollution compulsory liability insurance liability limit system is proposed.First,clarify the applicable principles of the liability limit system for environmental pollution compulsory liability insurance,and realize the synchronization of the efficiency and development value of industry protection,victim protection and practice laws;second,construct the upper law of the liability limit system for environmental pollution compulsory liability insurance,not only It can be stipulated in the relevant environmental protection laws related to environmental pollution compulsory liability insurance,and the "Administrative Measures(Draft)" can be compiled and supplemented and then raised to law;again,the domestic quantification standard for liability limits is regulated,and the central government absorbs local practice experience to adjust and optimize Existing quantitative standards,local supplements,adjustments and timely feedback according to the actual situation,implement the uniform and fair principle of the law;Finally,the application of the adjustment of the limit of liability,stipulates different compensation liability intervals and the insurance companies in each interval shall bear compensation liability Applicable conditions such as the benchmark ratio,the maximum liability limit,and the maximum liability limit within the validity period of the insurance contract,in order to stimulate the internal motivation of both parties to the insurance contract to prevent pollution.