Study On The Legal Problems Of Environmental Pollution Liability Insurance In China

Environmental liability insurance plays an important role in solving environmental pollution,which can relieve the pressure of the government’s environmental protection,reduce the burden of compensation for enterprises with environmental pollution,and compensate the victims’ losses effectively.Since the reform and opening up of China,environmental pollution accidents occur frequently caused by economic development at the cost of the sacrifice of the environment.Since the beginning of the 90s of last century,China has regarded the environmental liability insurance as the pilot project.After nearly 30 years of development,the actual effect of environmental liability insurance in China is yet not satisfactory.19th CPC National Congress has listed the ecological environment protection as the national development strategy,which shows that the Party and country pay high attention to environmental protection.It also reflects the problem of ecological environment pollution must be addressed urgently in China.Although our country,s laws and regulations have stipulated the environmental liability insurance,and formed a preliminary legal model of environmental liability insurance,such as "The Civil Law of the People’s Republic of China","Environmental Protection Law of People’s Republic of China","Decree of the President of the People’s Republic of China","Insurance Law of People’s Republic of China","Water Pollution Prevention and Control Law of the People’s Republic of China" and so on.However,in the practice of environmental pollution liability insurance,environmental pollution liability insurance hasn’t played its own role,it still can not solve the problem of environmental pollution compensation effectively.This article will find the conflict between the two systems through the comparative analysis of environmental pollution liability insurance and environmental tort liability.It is the existence of the conflict that hinders the function effects of the environmental pollution liability insurance.Even though the liability insurance of environmental pollution has been stipulated by relevant laws and regulations in China,there are still many defects,such as:environmental pollution liability insurance has not formed a separate legislation and is scattered in various laws and regulations;the environmental protection law of China has established the principle of encouraging environmental pollution liability insurance to ensure the protection of environmental pollution.The implementation of environmental pollution liability insurance is not mandatory and is not conducive to the implementation of environmental pollution liability insurance;government supervision is not in place,the punishment of environmental pollution behavior is not enough;social participation is not enough,and the implementation of environmental pollution liability insurance lacks a good social atmosphere.In view of the defects of environmental pollution liability insurance in China,we should place a high premium on it.On the basis of absorbing foreign successful environmental pollution liability insurance model and combining with the national conditions of our country at the present stage,we should establish the environmental pollution liability insurance model which is suitable for the needs of environmental protection and economic development in our country.On the basis of the current legal system,some perfect suggestions should be put forwarded with regard to the current situation of environmental pollution liability insurance in China,such as perfecting the legal system and solving the conflict of legislation;the government performs the function of social management,intensifying the enforcement of law,strengthening the publicity of environmental protection,and improving the enthusiasm of the public.Through the above recommendations,we hope to improve the liability insurance of environmental pollution in China continuously,so as to make the role of environmental pollution liability insurance more effective.