Study On The Legal System Of Environmental Liability Insurance

From ancient times to the present,the topic of harmonious coexistence between human beings and nature has been discussed constantly,and it is necessary for us to deal with the coexistence of human beings and the natural environment,with the flood of environmental pollution in recent years,it has brought a bitter lesson to human beings,and our country began to attach great importance to the construction of ecological civilization.At present,China is a developing country,and the rapid development of economy is an inevitable trend,which will inevitably bring about a series of environmental pollution problems.In the face of the irreparable damage caused by environmental pollution,environmental liability insurance can stop the damage in time,the environmental liability insurance system emerged as an effective method for enterprises to share management risk,protect victims' rights and interests,and reduce government financial expenditure to a certain extent.At present,China's relevant environmental liability insurance system still has many problems in the process of legal provisions and practice.By studying the environmental liability insurance systems of other countries,we can learn from their valuable experience in combination with the actual needs of our country,in order to better improve China's environmental liability insurance system deficiencies.This article mainly from the following five aspects to discuss:The first part,elaborate the introduction of this article.This part begins with the development of environmental liability insurance in our country,and mainly explains the background and significance of this article,the research of this system at home and abroad,and the research methods and innovations of this article.In the second part,the environmental liability insurance is defined,including its connotation,characteristics and necessity,and its connotation is stated in detail,this paper deeply analyzes the stability of the environmental liability insurance system,the limitation of the liability,the particularity of the insurance object,and the characteristics of the dependence on the government function,and sums up the necessity of the implementation of the system,for a basic understanding of environmental liability insurance.The third part,the research explains our country environmental liability insurance system legislation present situation and the pilot situation as well as this system in the trial existence question,mainly carries on the research analysis from some laws and regulations,and collated and summarized the current pilot situations in various parts of the country,the problems of Environmental Liability Insurance System in China are: lack of special laws and regulations,lack of effective law enforcement system and supervision mechanism,lack of effective judicial remedies.The fourth part analyzes the environmental liability insurance system of the United States,Germany and Japan,summarizes the advantages of its legislation,development process,implementation mechanism and so on,the experience includes three aspects:Environmental Liability insurance should be guaranteed by legal system,give full play to the advantages of government and market,and ensure the balance of interests between insurance companies and enterprises.The fifth part,put forward the suggestion to our country environmental liability insurance system's consummation,from the legislation,the law enforcement and the judicature aspect separately puts forward the fine suggestion,first,in terms of legislation,China's "Environmental Liability Insurance Law" and supporting laws and regulations should be established;secondly,law enforcement efforts should be strengthened,law enforcement procedures should be improved and the regulatory system should be improved;finally,we should establish a systematic judicial system of environmental liability insurance and a trial mechanism.