Study On The Legal System Of Environmental Pollution Liability Insurance

The environmental pollution liability insurance system originates from the European and American countries with developed industry,Although environmental pollution liability insurance is the product of conforming to the trend of economic and social development,this "imported product" has not been widely applied in China after more than 30 years of theoretical and practical exploration.After years of theoretical and practical exploration,China’s academic circles have made a lot of discussions on environmental pollution compulsory liability insurance,trying to establish a complete set of environmental pollution compulsory liability insurance system on the basis of conforming to China’s national conditions.The measures for the administration of compulsory liability insurance for environmental pollution and the new draft for comments issued in 2021 have aroused extensive discussions in the academic circles: how to underwrite the liability for ecological and environmental damage,whether progressive pollution can be included in the coverage,whether the voluntary insurance model can be introduced in the insurance model,and how to realize the difference and floating of the insurance rate? Although European and American countries have basically formed a complete insurance system and have a lot of experience to learn from,we must start from the particularity of China’s national conditions,learn from each other,and build an environmental pollution liability insurance system that conforms to China’s economic development and environmental protection.Starting from the basic concept of environmental pollution liability insurance,through the analysis of the necessity and feasibility of the system,this paper comes to the conclusion that it is possible to popularize it in China.Then it summarizes the practical problems encountered in the practice of environmental pollution liability insurance in China,and summarizes the necessity and feasibility of the system,but the reasons for various problems in China,straightens out the causes and consequences,and fully grasp the implementation and obstacles of China’s environmental pollution liability insurance system.Since the research on environmental pollution liability insurance in China started later than the developed countries in Europe and America,this paper compares the insurance mechanisms of typical countries that apply this system,extracts the restrictions on coverage and the choice of insurance mode in different countries by comparing a large number of relevant foreign laws,and finally obtains the enlightenment of foreign theory and practical experience to us,As a reference for the promotion of environmental pollution liability insurance system in China.Finally,on the basis of coordinating China’s actual national conditions and absorbing foreign advanced experience,this paper improves China’s current environmental pollution liability insurance,and makes suggestions for the construction of China’s environmental pollution liability insurance system.