Research On Marine Ecological Damage Liability Insurance System

With China’s increasingly frequent economic development activities in the coastal and marine ecological environment has been an unprecedented level of pollution and destruction. Marine pollution with latent, cumulative, and affected a wide area, a huge loss, the destruction of marine ecosystems is difficult to restore features, so that people in the prevention and control of marine pollution is beyond their grasp. However, countries in the world for this problem various attempts useful attempt of the prevention and control of pollution of the marine environment, such as in2012, the Ministry of Finance and the Ministry of Transport jointly issued the "Ship Pollution Compensation Fund levy use management approach", establish Shipboard Oil Pollution Compensation Fund, measures to compensate for the loss of the marine environment due to ship oil spill occurred, but the fund system for a small range of more than30million yuan, but also on the amount of damages or compensation of any ship oil pollution incidents, the limits of the compensation, is not conducive to the comprehensive protection of the marine ecosystem. In addition, our traditional civil law, or existing marine Protection Act are insufficient to meet the demand for relief of such damages. Therefore, based on the experience from Western environmental liability insurance system introduced the concept of the ocean ecological damage insurance. It can not only ensure that after the accident the insured to maintain normal production and operation will not go bankrupt, can also encourage policyholders to enhance environmental awareness and strengthen marine environmental protection, the most important is the timely repair of damaged marine ecosystems.This article by a comparative analysis of Western countries environmental liability insurance, the insurance should be to force-based, supplemented by any mode, different levels of pollution accident, persistent violations of behavior take different insurance; accordance with the provisions of the Marine Environmental Protection Law of the sources of marine pollution, primarily as a result of marine pollution of the marine ecological damage behavior into the range of insurance; explore the policyholders of the insurance system, insurers and stakeholders, and the relationship between them; insurance in the event of a marine pollution accidents, pollution damage, personal or business has the right to apply for claims relevant marine environmental protection departments in respect of marine ecological damage part of the claims filed application, the preliminary design of specific claims procedures; discussed the limitation of liability of the insurer’s marine ecosystems insurance system, the insurance period, Disclaimer before. Also the insurance rates is discussed how to determine, through reinsurance mechanism to establish a greater degree of risk diversification, as well as restrictions on the insurer and the insured cancellation or termination of the insurance contract.