Research On The Legal System Of Water Pollution Liability Insurance

The external diseconomy of the public environmental resources,such as water resources,led to the occurrence of water pollution accidents.Water pollution accidents are cumulative,complex,catastrophic,high-tech and so on,so that the traditional tort law and the traditional compensation mechanism into a crisis,to the rights and interests of the victims,social justice and sustainable development of ecological environment damage,So it is imperative to establish a compensation mechanism for water pollution accidents as soon as possible,and the water pollution liability insurance system is the product of this background.Based on the research of environmental liability insurance system,this paper analyzes the problems caused by environmental accidents from the perspective of water pollution.Firstly,according to the international insurance policy,I believe that China should apply compulsory insurance model,but should adopt a step-by-step approach.For example,in some areas and some high-risk pollution wading enterprises at first,and then the implementation of the pilot model of environmental pollution liability,transition to a fully applicable situation.Secondly,the legal relationship between the main body to determine the law should be on the type of insured institutions and insurance industry to regulate the industry;I believe that should strengthen the risk assessment of wading enterprises,the sudden water pollution accident by the joint underwriting group coverage,the cumulative water pollution accident By the government funded the establishment of specialized environmental liability insurance underwriting agencies,or by the general commercial insurance institutions underwriting,the Government to give preferential subsidies;for the insured to determine,according to China's water pollution accidents occurred in the actual situation,delineation of key areas,Key industries and key enterprises;in addition to the provisions of the insurance agencies and insurance companies between the linkage mechanism.Thirdly,in the determination of liability for damage,focusing on the analysis of personal and property liability and responsibility for the management of the water environment;theoretically the responsibility of water pollution liability insurance within the scope of damage should be the scope of compensation,water pollution caused Damage usually includes damage to people and property,as well as the pure economic losses caused by the enterprise and ecological damage;but in insurance practice,how to accurately determine the water pollution accidents caused by the loss is one of the more difficult problems,I think,Should be applied to restore the billing method,classification calculation method,econometric method and other mathematical analysis methods introduced to the field of water pollution,the establishment of the application of China's water pollution,economic loss measurement model.Finally,the definition of the premium rate,I believe that the degree of water pollution caused by the gap between the larger characteristics of the implementation of the mixed rate system;and the introduction of damage parameters,the use of the formula to carry out the implementation of reward and punishment rate system.The author summarizes the legal construction of environmental liability insurance for water pollution,and tries to provide theoretical reference for the water pollution infringing area which is almost in the blank stage of our country.