Study On Exclusion Liability Clauses Of China’s Environmental Pollution Compulsory Liability Insurance

Environmental pollution compulsory liability insurance,as a social relief technology with excellent effects of diversifying damage risks,has great potential under the current trend of innovation and maintenance of environmental and ecological justice systems,and its role in insurance contracts is to clearly list the exclusions of items not covered Whether the clauses can be set scientifically and rationally will directly affect the functioning of the insurance industry in the overall environmental protection system that is particularly vulnerable due to the huge amount of risk compensation.China ’s Ministry of Ecology and Environment reviewed and approved the “Administrative Measures on Environmental Pollution Liability Insurance(Draft)” at a ministerial meeting held in May 2018.This is the country ’s command to provide legal support for the implementation of the environmentally sound insurance system in high-risk areas of the environment documents,but there are still some obvious omissions in its content clause settings.In order to clarify the difficulties of the current legislative work,this article first briefly reviewed the evolution of the legal system of China’s environmental pollution compulsory liability insurance system,and based on the national conditions,analyzed and analyzed the shortcomings of the content of the exclusion clause in the "Draft".In theory,the advanced experience of the environmental pollution liability insurance system outside the region was carefully examined;secondly,from a practical perspective,the current typical environmental pollution liability insurance contract content in the domestic insurance market was sorted out and combined with the actual problems arising from the existing pilot work.Difficulties have common ground;once again make a practical discussion on how the current scope of exclusions should be practical,and put forward a series of examples for the construction of China’s future environmental pollution compulsory liability insurance system from the perspective of legislative principles,clause content and market-related supporting measures Encourage the establishment of an insurance limit system,the development of new types of insurance products,and the promotion of re-insurance models with strong operational optimization plans.The article is divided into four parts,focusing on clearing the specific boundaries of the scope of external liability,and finally,the analysis of the difficulties in implementing the entire environmental pollution compulsory liability insurance system and the suggestions for countermeasures,with a view to the next stage from the perspective of legal regulation.Legislation helps to lead the development of the social collaboration model of this insurance type.