Research On China's Environmental Pollution Liability Insurance System

After entering the 21 st century,with the rapid rise of China's economy,environmental pollution has become increasingly widespread and serious.Instead of drawing the painful lessons of Western capitalist countries,China greedily destroys the natural and ecological environment for higher economic benefits.Environmental problems are becoming increasingly terribly and helplessly difficult for people.In recent years,Chinese scholars and practitioners have focused their attention on environmental pollution liability insurance.environmental pollution liability insurance is undoubtedly the most suitable for the development of market economy and the solution to environmental pollution,and it is One of the most effective ways of solving environmental pollution accidents.After taking out the environmental pollution liability insurance,the infringer transfers the environmental tort liability to the insurer,and the insurer transfers the loss to a large number of the applicants by collecting the insurance premium.The market operation mechanism can keep the effective relief of the environmental victim from the insufficient compensation ability of tortfeasor,can prevent infringers from overburdened by economic burden and affecting economic development,and the most important thing is to supervise enterprises to protect the environment while developing their own economy.In the past ten years,the effect of the implementation of environmental pollution liability insurance is poor,or even can be said to be tortuous.At this stage,the environmental pollution liability insurance system is neither scientific nor perfect in China and there are many practical and legal problems,such as the type of insurance products is too single,the mode of insurance is unclear,the scope of insurance is narrow.The most important and fundamental problem is that has not been promoted to the legal level.The existence of such problems makes the bottleneck of the development of the system in China.This paper has analyzed the concept,characteristics and functions of environmental pollution liability insurance,introduced the demand for liability insurance for environmental pollution situation n in China.It is necessary and feasible to study the implementation of compulsory liability insurance.Combining with the defects of the system in China,this paper puts forward some suggestions on the perfection of the compulsory liability insurance system from the following aspects: the choice of the allowance insurance mode,the perfection of relevant legislation,the determination of the compulsory tort liability,the scope of insurance and the prescription of claim.