Study On Compulsory Environmental Pollution Liability Insurance In China

In judicial practice,the defendant of environmental pollution cases is often difficult to independently bear the high amount of environmental tort compensation or environmental restoration compensation brought by the judgment results.The development of environmental justice in China must find a balance between protecting the environment and maintaining the development of enterprises.In the field of insurance,the compulsory liability insurance system of environmental pollution with the function of dispersing environmental risks has gradually developed.China's practices can be traced back to the nineties of last century,and the compulsory liability insurance for environmental pollution in some regions has been carried out for more than 13 years.Actually,this insurance does not show a steady trend of increasing year by year,but the market scale shows a strong feature of policy impact.Besides the subjective and objective reasons such as immature technology,insufficient local attention,the main factors of this compulsory liability insurance system is the lack of upper law,the legality of compulsory insurance,the narrow coverage,the difficulty in dealing with progressive pollution,the exclusion clauses are numerous etc.In 2018,the Ministry of ecological environment reviewed and approved the management measures for compulsory liability insurance for environmental pollution(Draft),marking that the promotion of this insurance system in China has entered a new stage from the legislative level.In this paper,divided into three parts as follows:The first part starts with its basic theory.Analyzes its development process and theoretical basis.And from the national and local levels to sort out the current legislative status.The second part introduces the situation about pilot area of environmental liability insurance,and then analyse the progress and difficulties of the pilot work since 2013,and puts forward the successful experience and existing problems at this stage.Specifically,it includes the legality of compulsory insurance,underwriting scope and supporting system.The third part taking the management measures for compulsory liability insurance of environmental pollution(Draft)as the core,from the legislative purpose embodied in the article 1,the scope of insurance liability in the article 6 and the exclusions in the article 20 of the draft,and in connection with other relevant laws and regulations,this paper puts forward specific suggestions to improve China's environmental pollution compulsory liability insurance system.