The Establishment Of Environmental Liability Insurance In China

As society develops, environment issue has become a common concern. People’s expectations for their living environment are higher than ever before and more concerned about pollutions and ecosystem damage. Especially in the past two years, fog and haze happened from time to time, which pushes people reconsider environmental problems threaten our life and health. A mining company water leakage accident occurred one after another in recent years, and some oil explosion, a city water pollution accident, etc., caused widespread concern. Once environmental pollution infringement occurred, the compensation fees are often huge or even ruin a company. Under such situation, many governments act proactively and set up environmental pollution liability insurance system to share the risk and ensure the sustainability of enterprises. Therefore, China can learn from the successful experience of foreign countries, through the establishment of the risk of environmental pollution liability insurance system, effectively disperse companies because of environmental pollution caused by the infringement, and to provide effective and timely compensation and legal protection for victims.In this paper, environmental pollution infringement is the starting point. The first part introduces the concept of environmental pollution and the concept of environmental pollution infringement, which lead to the topic of environmental pollution tort liability. Since polluting enterprises have to bear the corresponding civil liability, I believe that our country should build environmental pollution liability insurance system in order to alleviate the financial burden of enterprises and make sure enterprises can operate stability. The second part of the paper describes our current legislation on environmental pollution liability insurance, as well as the pilot work of it. In the pilot projects, many provincial governments cooperated actively with insurance companies that encourage environmental pollution liability insurance and there are already some successful claims cases. The third part points out that environmental pollution liability insurance has not yet raised to the legal level and many enterprises do not participate in insurance work in order to save money. Thus, the author made comparative institutional model for other countries and came to conclusion that China can build environmental pollution liability insurance compulsory mode, forcing insurance companies to ensure the effective running of the system. In the fourth part, the author of "Insurance Law", "Environmental Protection Law", "Tort Liability Act" and other relevant laws, access to relevant documents, combined with China’s national conditions, to determine the environmental pollution liability insurance compulsory legal relations, insurance liabilities, except liability, insurance rates and claims such as aging main content.