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The Research On The Legal System Of Environmental Pollution Liability Insurance In China

Posted on:2020-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:F J MengFull Text:PDF
GTID:2381330596977857Subject:Law
Abstract/Summary:PDF Full Text Request
China has entered a period of high incidence of environmental pollution accidents.The distribution of responsibility for environmental pollution has caused a series of serious problems.As a result,the government has paid a great deal of money for pollution compensation and environmental management,which has led to a financial burden.Meanwhile,the China enterprises have suffered a sharp decline due to the huge amount of compensation,and even went bankrupt.The health and life safety of our citizen have been seriously threatened.All above as mentioned have intensified the contradictions among the government,enterprises and the people,what all in all of significance is the affect to the construction of ecological civilization and social harmony.The legal system of environmental pollution liability insurance originated in the western developed countries such as the United States in the middle of the last century.The insurance system has played a huge role in the field of environmental protection.Since the 1990s,China began to practice the legal system of environmental pollution liability insurance.Although there s achievement has been recorded,the development of this system is still faltering in China due to various factors.The purpose of this paper is to study the status quo,dilemma and improvement countermeasures of China s environmental pollution liability insurance legal system.This paper comprehensively uses the literature analysis method,comparative analysis method and case analysis method to divide the five chapters into discussion.The first chapter is the introduction,which discusses the research background and significance,review of research status at home and abroad,research methods and innovations.The second chapter introduces the relevant concepts of the legal system of environmental pollution liability insurance,and systematically discusses the theoretical basis and functions of the system.The third chapter makes a deeply study of China s environmental pollution liability insurance policy and legal practice process,and through several typical cases of environmental pollution damage liability to analyze the facing difficulties and reasons of the current system.The fourth chapter discusses the legal system of environmental pollution liability insurance in developed countries such as the United States,Britain,France and Germany and its enlightenment to China.The fifth chapter puts forward the way to improve the legal system of environmental pollution liability insurance in China,and proposes that the legal system of environmental pollution liability insurance should be improved,the government functions should be clarified,the profession al underwriting in s titutions should be established,the third-party evaluation agencies should be established,and relevant supporting mechanisms should be improved,such as establishing environmental damage compensation fund,promoting insurance company co-insurance and establishing reinsurance mechanism,and exploring environmental pollution risk securitization.All of those countermeasures have important theoretical and practical significance for improving China s environmental pollution liability insurance legal system.
Keywords/Search Tags:environmental pollution, liability insurance, legal system
PDF Full Text Request
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