Study On China's Environmental Pollution Liability Insurance Legal System

In recent years, the degree of pollution of the environment is very terrible, including the pollution of the expansion, increased pollution sources, and the pollution harm caused serious negative impact, which restrict the development of economy, society, endanger the stability of the society, the public's life safety and body health. Facing the frequent environmental pollution events, how to brainstorm, multi-pronged seeks to eliminate pollution sources, resolving the pollution impact, share the measures of pollution damage to the system that has become one of the main topics in the academic circle. Established the system of environmental liability insurance of environmental liability insurance, with its unique, mutual, economy, social commonweal, has become the effective way to share the risk of contamination of relief, has become our country, even the international community dealt with environmental pollution accidents. For many years history, in foreign countries, environmental liability insurance, our country is still at groping start stage. In 2013, we country nationwide pilot work in the second place, trying to have fixed environmental pollution liability insurance system, to establish a long-term mechanism, with rich practical from insurance coverage, insurance system perfect, etc., in the service of the reality of serious pollution, thereby eliminating pollution, promote sound and rapid social, economic and ecological development.Around environmental pollution liability insurance system, this study firstly researches the nominal system embodies the connotation, function, characteristics and system of multiple significance which have a certain depth and comprehensive mining, standing on the ground of professional, extracted from the perspective of the rational value of the system. The real operation of the system, the problems found, and the system construction of thinking, has laid a solid foundation.In this study, based on the investigation of reality, the method of reviewing the practice of environmental pollution liability insurance in our country, reflecting on the problems existing in the environmental pollution liability insurance and the crux, which reveals a pattern of pollution control legislation is imperfect, pollution of private interest and regulatory agencies of the government's public welfare, the existence of the insurance market supply and demand contradiction is the crux of the inconsistency problem. Seeking for the next step the problem-solving ideas laid the realistic foundation, provides the solution of suit the breakthrough.In reality, on the basis of the study, found that the problem, application of this study helps study way to the topic, which get system with international practice. For the perfection of the system, seek to refer and illuminate the basis. In the outside system inspection, including the United States, Japan, France, India and other multinational pollution insurance system have carried on the comprehensive review, fully affirmed the strengths in the system building, west from established in accordance with the law system, perfect the system of content can be drawn lessons from two aspects, especially the purchase mode, scope, organization, compensation of enlightenment, the limitation to the contents of the system of our country specific play a direct role in guiding.In the last part of this study, from system ontology content and creating two aspects, the study puts forward some countermeasures to improve the supporting measures. For system, the clear ontology and content concrete are the main and support system, determining the feasibility of system, operability and practicability. In accordance with the sex, system established to ensure that the legitimacy and effectiveness of the system. While supporting measures ready, the study affects the effect of system running, and role play to maximize. These countermeasures and suggestions build the system a more concrete and content is clear, more efficient operation, which makes the research more valuable and meaningful. This research suitable for Chinese environmental pollution liability insurance system of perfect exploration of risk sharing, powerfully promote the standardization construction of our country environment pollution problem solving system, make system to build and perfect the effective service for the needs of the sound and rapid social and economic development.