Legal Research On Chinas Environmental Pollution Liability Insurance Mode

The pattern of economic growth was the pursuit of high speed and extensiveenvironmental pollution accident for decades. The result makes economic growth ofour country to the high period. But administrative and social problems of thetraditional civil remedy system are not sufficient to cope with the increasinglyprominent environmental pollution caused. To solve the problem of the system is toput forward the request with the mature, efficient social relief. The development ofenvironmental pollution liability insurance system become environmental pollutionliability socialization relief system preferred after decades because it’s high maturity,flexibility and wide applicability. China has also appeared in the part of provisions inthe policy and the level of laws and regulations, in practice to carry out part of thepilot and achieved certain results. In April24,2014, the eighth session of theStanding Committee of the Twelfth National People’s Congress revised the "Law ofThe People’s Republic of China Environmental Protection", the provisions of articlefifty-second "the state encourages the insurance of environmental pollution liabilityinsurance of environmental pollution liability insurance", finally appeared in nationalbasic environmental law provisions.However, the system of laws and regulations of China and the provisions of itsinsurance model is too simple, far from architecture of the system and legal. At thesame time, China’s theoretical circle on the environmental pollution liabilityinsurance mode research is extremely limited and is unable to carry on the effectiveguidance to the pilot. In present, arbitrary insurance model reflects the lag of greatenvironmental pollution accident, unable to cope with the growing businessenvironment risk effectively dispersed. The insured, the insurer, all levels ofgovernment units and not actively promote the implementation of the insurance of ourcountry, the reality and the risk of environmental pollution does not adapt to need ofsocial relief in urgent. It becomes the writing of this article the author’s originalintention. Based on the concept, types, insurance model theoretical and effect of comprehensive factors, refer to the National Bureau of Statistics website of ourcountry’s industry classification and statistics, the author put forward China’senvironmental pollution liability insurance mode should adhere to the economic andsocial development level, from their own country love principle, take the businessscope, industry category, the risk of environmental pollution degree of compulsoryand arbitrary criteria for the classification of the combination of the model. In theprocess of this model is proposed, through the combination of theoretical analysis andempirical analysis, comprehensive use of comparative law research, historicalresearch and other research methods, to carry out American, Germany, and Britain,France and other countries insurance mode were studied, the analysis of westerndeveloped country legislation process and carry out the experience and lessons, makea person analysis. The feasibility demonstration of the above arguments, thescientificity and rationality, the author comprehensively studied theoreticalachievements of experts and scholars in academia, further from the aspects oflegislation, judicature, improve policies, publicity and education and relatedmechanism, expansion of the above discussion. Finally, the concrete ways toconstruct the insurance model and related mechanism were referred. A new insightinto this paper creatively mainly is to combine China’s National Bureau of statistics ofthe industry categories and China’s environmental pollution liability insurance mode.Previously, some scholars propose that our country should adopt the integrated modelof insurance compulsory and free combination, but did not indicate which industryshould be compulsory insurance, which industries should also take any of the insured,without the industry classification information is introduced, the proposed model isready to accept either course, does not have the extensive applicability. The authorproposed according to industry categories and scope division insurance mode, may befixed by law and regulations, make clear and specific check, convenient social subjectmore convenient mode against quick understanding each industry. Secondly, theauthor also put forward the information of various government departments andinsurance companies share, build pipelined enterprise flowchart. By sharing theadministrative department for Industry and commerce registration information in theprocess of processing enterprise in to the insurance company and the environmental protection departments, by insurance companies take the initiative door-to-doorservice, the environmental protection departments timely check the insurance statusof each enterprise and other means, to improve the flexibility of the model. Theauthor thinks, this kind of insurance mode reform and perfect the system directlydetermines the depth and practical utility, the author hopes to distinguish industryinsurance mode can greatly promote the insurance widely carried out, so as toeffectively play its environmental pollution risk dispersion function, also hope toprovide ideas for China’s environmental pollution liability insurance the modellegislation and policy formulation.