| The rapid development of science and technology and human civilization has also produced a series of ecological and environmental problems.In the process of pursuing rapid economic development,human beings have also caused huge personal casualties and property losses to themselves.Environmental problems themselves have the characteristics of scientific and technological background and decision-making risks.They are both positive and negative in the process of generation.Environmental problems often take years to discover.Therefore,when environmental problems are highly risky,many countries have successively established environmental pollution liability insurance systems to prevent environmental problems that may occur in the future,and my country is no exception.Generally speaking,the research on environmental pollution liability insurance theory in my country started relatively late,and a unified and feasible environmental pollution liability insurance system has not been established nationwide.It is only pilot projects and individual environmental pollution in some cities and special fields.Liability insurance.The environmental pollution liability insurance system is quite different from the general life insurance and property insurance in society.Although it is a type of commercial insurance,its implementation is inevitably more difficult than ordinary commercial insurance.Generally speaking,the environmental pollution liability insurance system has many obstacles due to the particularity of the participants.One is that ecological damage and environmental pollution infringement cause damage,and the civil compensation legal system is not sound,which makes enterprises less enthusiastic about insuring environmental pollution liability insurance.The second is that environmental risks and pollution damage conditions need to be assessed,and the related environmental pollution liability insurance rates are not yet reasonable,and insurance companies and enterprises are less involved in the implementation of environmental pollution liability insurance.The third is that environmental pollution accidents are often extremely destructive and will face huge compensation once they occur,thus further reducing the enthusiasm of insurance companies to participate.However,in recent years,relevant scholars in my country have attached great importance to the environmental pollution liability insurance system,and actively researched them.They have also achieved certain results in theoretical research and system construction,which have provided my country with a better way to establish and implement an environmental pollution liability insurance system.Theoretical basis and practical experience.Due to the dual nature of environmental issues and the uncertainty of environmental risks,in addition to the lack of traditional tort law theories,their occurrence also has legal and economic reasons.Therefore,based on the environmental pollution liability insurance system,this article analyzes the generation and impact of environmental risks and the legal and economic reasons for the environmental pollution liability insurance system from the perspective of law and economics.At the same time,based on the analysis and enlightenment of law and economics theory,suggestions on optimization and improvement of my country’s environmental pollution liability insurance system are put forward.The writing content of this article mainly includes the following four aspects.The first part is an overview of the environmental pollution liability insurance system.Since the "Civil Code" clearly defines the environmental pollution liability and the ecological damage liability as two parallel types of environmental liability,the article first deals with the environment Define the two concepts of ecological damage liability and environmental pollution liability that may appear in the pollution liability insurance system,and clarify the scope of the concepts used in this article;At the same time,it analyzes the willingness and development of the environmental pollution liability insurance system and briefly introduces the functions of the environmental pollution liability insurance system,and analyzes the situation of the environmental pollution liability insurance system in practice.The second part is to analyze the problems existing in my country’s environmental pollution liability insurance system,and select four more macro-level perspectives to briefly explain.The third part analyzes the environmental pollution liability insurance system based on the theory of law and economics.First,it explains the necessity and significance of this analysis.Secondly,it analyzes the feasibility of the system with the game theory,the externality theory of environmental issues,analyzes the necessity of the system,the main body of the system analyzes the cost and benefit,and the application and enlightenment of the validity standard theory to analyze the system in detail.The fourth part puts forward suggestions for the improvement of the environmental pollution liability insurance system,and based on the relevant enlightenment of law and economics theory,puts forward some reference suggestions for the problems mentioned in this article.The first is to clarify the design and improvement of insurance content from highlighting the positive externalities of the system;The second is to put forward policy support suggestions and analyze how to achieve game equilibrium;the third is to analyze the legal value and efficiency of the current model selection in my country based on the enlightenment of the effective standard theory;The fourth is to restrict and prevent the risks of system implementation,and to force internalization of costs before negative results occur,and play a preventive and supervisory role. |
