The Liability Insurance System Of Environmental Pollution In China

The high speed development of economy in our country, the air and water pollution problem is escalating, industrial pollution of frequent accidents, these accidents make polluting enterprises face a big damages, payouts of enterprise bears a heavy burden, some resources limited enterprise is easy to fall into bankruptcy, the victim is difficult to obtain effective compensation, increase in the number of disputes and the pollution victims, these contradictions affect the sustainable development of our country’s economy and social stability. And the government as a social managers, in order to maintain social stability, often as a final compensation, to pay for the enterprise’s pollution behavior and government finances, Therefore, urgent need to build a new mechanism, balance the polluting enterprises, government, the relationship of the victims, in order to effectively solve the compensate for inadequate trigger social conflicts.Environmental pollution liability insurance by means of insurance the market economy, to solve the problem of environmental pollution damage compensation. Will pollution enterprise civil compensation responsibility on to the underwriter, via social works, to spread risk, transfer to other potential insurance enterprise, timely help to make up for the loss of the victim, easing the burden on enterprises, properly handling pollution effectively between the enterprise and the victim compensation disputes, reduce the environmental pressure of the government, also can cause insurance enterprises to strengthen their own environmental risk control, reduce environmental pollution accidents, so as to achieve the purpose of protecting the environment. Starting in the 90 s for environmental pollution liability insurance, so far, went through a process from completely voluntary to mandatory government, local government issued relevant policy documents, and actively promote the enterprise insurance and achieved initial results, but there has been no significant breakthrough, there also exist many problems in practice, first of all, lacking the support of law, not form a complete legal system, normative legal documents status is low; Second, the insurance agency business cost is high, the ability is insufficient, resulting in premium rate set high, narrow coverage, the environmental risk assessment and loss that is difficult; Again, insurance enterprise dynamics is insufficient, the public environmental awareness is not high, lack of government incentives, environmental law enforcement is lax, lack of responsibility mechanism, relevant supporting system is imperfect and so on. All these problems make the implementation of struggling of the insurance industry in China, in order to make the system play a proper role, this article on the basis of the existing pilot experience to continue study, attempts to analyze the development situation and existing problems of pilot, trying to draw lessons from foreign advanced practice at the same time, put forward to perfect the system of environmental pollution liability insurance.Mainly from environmental pollution damage compensation difficulties, lead to study the significance of the problem. At the same time, research method and innovation point; The second chapter introduces the basic connotation of environmental liability insurance, the function value, analyzes the legal relationship of relevant, on the basis of environmental pollution liability insurance theory in detail; The third chapter analyses the situation of environmental pollution liability insurance in our country legislation and the practice since the pilot, discusses the existing problems; The fourth chapter according to the above analysis, at the same time, draw lessons from foreign experience, the government’s guiding mechanism, and the mechanism of environmental liability insurance and so on brings forward countermeasures on environmental pollution liability insurance and path.