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On Environmental Pollution Liability Insurance

Posted on:2019-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:T ChenFull Text:PDF
GTID:2371330545954143Subject:Law
Abstract/Summary:PDF Full Text Request
Starting from the human into industrial age,especially after world war ii,human adaptation of natural transformation of being also to further improve the social life,also is able to rapid economic development,improve natural ability also further strengthened.Behind these achievements,is to break the natural environment and harmonious human relations,unscrupulous unceasingly,regardless of the consequences of claim.And natural environment is closely related to people’s survival is,in the environmental bearing capacity after the tipping point,is easy to cause a variety of environmental pollution disasters.And so is a development environment in our country,since the ancient times is the country’s economic development and natural environment in equal exchange,reflects the balance principle of all things.As is known to all,since countries,our country will pay attention to the artistic conception of "and",but for the development of the economy,especially after our country began to implement the basic state policy of reform and opening up,China’s total economic development has become the world’s second largest economy,leading the world economy,people at the time of exclamation "Chinese miracle",for the development of the cost over time also manifest in gradually,such as water loss,land desertification,serious,all kinds of conditions of environment pollution which occur repeatedly,seriously endanger People’s Daily life,make people struggling.Combined with many environmental protection measures is not practical,the mode of production is unscientific,unreasonable,production enterprises and people’s concept of prevention is not high,make the environmental problems become increasingly serious.The high speed of economic development of environmental resources has reached the overload operation,is in a state of serious imbalance,causing environmental pollution accidents occur frequently.The natural environment is the material basis of human survival and human must protect the good relationship with the nature.At present,the pollution of the environment problem has become the common problems of the world,how to effectively solve the relationship to the survival of mankind.In western developed countries have already been through the form of legislation,formulated the strict environmental pollution insurance system to solve the environmental pollution damage,reduce its risk,effective guarantee of the pollution of the environment of governance and citizen’s physical and mental health,formed a relatively mature and reasonable standard system.,in the specification control environment pollution in China started relatively late compared with western countries,the environmental pollution insurance rules establishment is not perfect,can not adapt to the demand for the development in our country.Although our country formulated the relevant environmental laws,but there is no clear insurance of liability of environmental pollution,lack of effective measures to guarantee its implementation.Therefore,to establish and improve environmental pollution liability insurance legislation,increase enforcement,and take effective measures,to improve the speed of economic growth,increase the amount and quality of economic development,innovation and development concept has a unique role.This paper adopts the method of theoretical analysis and evidence before and after analyzing the feasibility of enforce environmental pollution liability insurance in our country.Mainly from six parts,the first part mainly describes the basic concept of environmental pollution liability insurance,a detailed analysis of its contains the definition of the connotation,classification and its basic characteristics,and points out its function of environmental protection construction in China.The second part from abroad about the regulation of environment insurance system to analyze the advantages of the system construction,and the analysis of draw lessons from foreign some enlightenment about the mandatory implementation of environmental pollution liability insurance.The third part describes the development of environmental liability insurance in China,laws and regulations,implementation and system was carried out on the specific situation.The fourth part from the legislative power,responsibility,standard,the insurance scope,defining the mechanism,the enforcement measures,etc.,focus on the detailed analyses on the weakness of the implementation of the environmental liability insurance system.The fifth part from the social reality and environment pressure,a comprehensive system of environmental liability insurance on demand of environment construction in our country,then analysis the feasibility of set up under the system of social development in our country.The sixth part according to the foreign advanced concepts and experience,in view of the insurance legislation,Angle of mechanism is set up,such as insurance liability of environmental liability insurance perfect Suggestions are put forward.
Keywords/Search Tags:The environmental Pollution, Liability insurance, Mandatory, The Legal System
PDF Full Text Request
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