Research On The Legal Countermeasures For Compulsory Environmental Liability Insurance In China

The environmental modification fines and tort compensations for ecological damage and environmental pollution are too expensive for enterprises to afford independently.However,it is inevitable to exert negative effects on environment during the production and management of enterprises.Therefore,how to reach the balance between enterprise development and environmental protection is a problem must be solved during the development of China.Against this background,Mandatory Environmental Liability Insurance with the function of environmental risk diversification was introduced.The practice of Environmental Liability Insurance in China can be dated to 1990s,but the practice of Mandatory Environmental Liability Insurance started in 2007,existing in China for less than ten years.The Ministry of Environmental Protection and China Insurance Regulatory Commission issued the"Instructions on the Pilot Program of Mandatory Environmental Pollution Liability Insurance" in 2013,marking a brand new stage of the promotion of Mandatory Environmental Liability Insurance in China.Nevertheless,it is found that the insurance is facing a situation where both supply and demand are inadequate,and that the pilots are not smooth sailing.The thesis analyzes the problems of promotion existing in the pilot areas,and explores the institutionalization of Mandatory Environmental Liability Insurance through the successful experience at home and abroad,hoping to put forward legal countermeasure for the dilemma of the insurance's supply and demand.The thesis analyzes the legal problems of the implementation of Environmental Liability Insurance,and gives suggestions for the completion of Mandatory Environmental Liability Insurance.This thesis includes three parts:Chapter one introduces the practice of Mandatory Environmental Liability Insurance in China by taking the pilot programs in Hubei,Jiangsu,and Guangdong as examples.The thesis introduces three kinds of models of Mandatory Environmental Liability Insurance(High Subsidy Model,Government-leading Model,and the Model of Strict Environmental Risk Evaluation),and summarizes the problems for the implementation of Mandatory Environmental Liability Insurance.Chapter two analyzes the problems mentioned in Chapter one.It is believed that the main reason for the problem lies in the imperfection of related legal system and current insurance system.For one thing,the potential tort subjects for environment lacks the awareness and impetus to diversify environmental risks through insurance due to the absent and inefficiency of legal norm.For the other,the existing insurance system fails to provide useful reliefs for the expensive damages of environmental issues because of its own limitations(single variety of insurance and limited insurance scope).Chapter three puts forward legal countermeasure of Mandatory Environmental Liability Insurance in China.Aiming at the problems of the implementation of the insurance,it is suggested that the system of environmental tort liability and the system of insurance should be improved.Specifically,on the premise of completing current legal system of environmental tort liability,the subject scope of insurance should be expanded,the range of Mandatory Environmental Liability Insurance be properly defined,the standard premium of the insurance be clarified,and the risk evaluation system for the insurance be strengthened.