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Research Problems Of The Rural Environmental Pollution Liability Insurance Law In Our Country

Posted on:2018-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:L DingFull Text:PDF
GTID:2381330575475400Subject:legal
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Rural environmental pollution liability insurance is a kind of insurance that is assumed by the underwriter in the countryside and in policy-holder caused the environment pollution damage to a third person,which is required to bear the liability for compensation to insurance mark insurance.Since The rural economy develops and the environmental pollution problem is increasingly serious,environmental pollution accidents occurs frequently in rural areas in recent years,The fundamental reason is that rural areas is lack of regulation and there are low standard requirements to the enterprise pollution.On one aspect,The promotion of rural environmental pollution liability insurance can effectively solve the problem of insufficient regulation of environmental pollution,on the other hand can disperse the concrete enterprise risk and relieve the pressure on pollution compensation undertaken by an enterprise,which is a kind of efficient economic means.It has taken almost 10 years for promoting environmental pollution pilot in China,with the mode of voluntary as priority and mandatory as complementary.Compared with urban areas,There are such problems that exists in rural areas:area is wider,regulation is more difficult;Legal consciousness is weaker.Insurance marketing is more difficult and so on.The way that adopts the traditional environmental pollution liability insurance to promote is obviously not conducive to the development of such insurance system in rural areas.Therefore,According to the current promoting current situations,We need to adjust measures to local condition in rural areas and develop environmental pollution liability insurance system individually which is suitable the character of the rural area.we conclude that promoting work faces such problems in rural area:lack of uniform legislation;The enthusiasm of promoting rural environmental pollution liability insurance is not high and administrative support dynamics is insufficient;The insurance system model is unreasonable.If you want to break through the development dilemma,It's indispensable to study the successful foreign experience.Since 1960s,The environmental pollution liability insurance put forward by the developed countries among which United States,Germany and other developed countries have rich experience for practical cases handling,the promotion of insurance system,the improvement of the legislation,.Compared with the developed countries,of course,there is a very big difference in rural regional development.Some advanced experience may not be completely applicable to rural areas.Therefore,We also introduced some developing countries like Brazil and India.The insurance system has made great achievements in both countries like perfect legislation pattern in Brazil and forcible promotion for India's policy.Through learning foreign experience and combining with the practical situation of rural area in our country,we concluded three solving measures:Perfect the rural environmental pollution liability insurance legislation;Strengthen administrative support of rural environmental pollution liability insurance;Design three countermeasures for reasonable rural environmental pollution liability insurance mode.It hope that the discuss in this article is useful for the development of rural environmental pollution liability insurance in our country and promoting the sustainable development of rural economy.
Keywords/Search Tags:Environmental responsibility, Policy-holder, Rural environment pollution, Environmental pollution liability insurance in rural area
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