Research On Environmental Liability Insurance System

Since long ago,China has attached great importance to the relationship between human being and nature,which is specifically reflected in the relationship between man and the natural environment in society.Throughout the development process of countries all over the world,as industrial civilization was in progress,rapid economic development was accompanied by environmental pollution and destruction,which has brought painful lessons to the human being.People's attention to environmental governance began to solemnly embark on the stage of history after which.Since the founding of the People's Republic of China,the problem of environmental pollution and destruction has gradually aggravated with the industrial development of our country.These behaviors not only caused economic losses,what's worse,the damaged environment can not be restored in a short period of time,resulting in irreparable consequences for the subsequent utilization and development of environmental.Since the environmental pollution accident has happened,damage compensation is a practical problem.Environmental liability insurance system emerges as an effective way to share business risks.This system is able to protect the victims' damaged interests while sharing the business risks of enterprises,and can also reduce the government's financial expenditure to a certain extent,effectively alleviating and solving the victims' claims for compensation after environmental accidents.At present,China is one of the developing countries,where rapid economic development is an inevitable requirement.However,we can not emphasize the economy blindly and neglect the environmental pollution damage caused by it.Environmental liability insurance system is a good means to deal with environmental problems currently.Nevertheless,the promotion of environmental liability insurance system in China remains unsatisfactorily slow.The existing laws and regulations on environmental liability insurance system are very scattered,and the practicability of some laws and regulations remains to be discussed.As far as the current situation is concerned,there is still no complete law and regulation.Through the pilot study,many problems in practice and operation have been found,including difficulty for enterprises to assess the risk of environmental liability,the high operation risk of insurance companies,and pending issue of the extension of the scope of government's environmental liability risk assessment insurance.Turn to analyze other countries that have developed relatively complete environmental liability insurance institutions,those countries already have mature environmental liability insurance system and smooth market operation mechanism.These valuable experiences are very meaningful to promote the promotion of environmental liability insurance system in China.The key to solve the above problems is establishing a complete legal system of environmental liability insurance,updating specific provisions of environmental liability insurance,and enhancing the practicality of existing provisions.On this basis,formulate rational insurance premium rates to improve the motivation of enterprises to insure,specify specific insurance terms and limits to protect the rights and interests of insurance companies,improve the government incentive mechanism and risk supervision mechanism to strengthen the performance of government responsibilities,and finally divide specific insurance coverage to make full use of environmental liability insurance system.This article mainly discusses from the following four aspects.First of all,it gives a basic overview of the environmental liability insurance system,including its concept,classification,basic characteristics and necessity study,and points out the important role of the environmental liability insurance system in maintaining the ecological environment.Secondly,the article analyzes and illustrates the theoretical basis and current situation of environmental liability insurance system in China,including the theoretical basis of supporting its necessity,the process of legislative development,the development progress of pilot areas,and the problems existing in the implementation of the system.Thirdly,the article analyzes the countries with relatively complete environmental liability insurance system,such as Britain,the United States and Germany,and summarizes their legislative process,specific operating mechanisms,and related supporting facilities constructions,so as to analyze what we can learn from.Finally,the article puts forward suggestions on improvement of the environmental liability insurance system in China,it elaborates the future conception of the environmental liability insurance system in China from various perspectives,including the analysis of existing laws and regulations,the formulation of complete laws and regulations,and the specific operational contents of the system.