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

Environmental pollution liability insurance first originated in the developed countries represented by the United States,and then developed rapidly in Western industrial countries.It not only protected the environment,but also benefited the public.The insurance system has shown great superiority in environmental risk management.Overview of the environmental protection strategies of various countries in the international community,environmental pollution liability insurance has become an effective means in the path of environmental protection,and compulsory environmental pollution liability insurance has become a development trend.Faced with the current severe environmental situation,China began to explore environmental pollution liability insurance gradually in the 1990 s,and conducted pilots in many places across the country.The central and local relevant departments started from multiple channels such as laws and regulations,policy documents and pilot work.It is also actively exploring the development path of the environmental pollution compulsory liability insurance system,but due to many reasons such as legislation,system,management,etc.This insurance system has been developing slowly in China.Judging from the current legal situation in China,there are problems such as lack of legislation and unclear legal status;combined with the analysis of foreign experience and the the pilot status analysis,problems such as inadequate insurance system and incomplete supporting measures are exposed in China,which will greatly limit the development of the environmental pollution compulsory liability insurance system.This article takes the 2018 "Environmental Pollution Liability Insurance Management Measures(Draft)" as an entry point.First,it explores the legal status of the insurance system in the form of administrative regulations at the national legislative level,and further amendments to the upper law may appear in the legal rank.Conflict-related content,improve and perfect China's environmental protection legal system;Second,starting with the relevant institutions such as underwriting agencies,environmental pollution responsibilities and environmental risk levels,improve the insurance system,and strive to build an insurance system that conforms to China's economic development status quo.At the same time,improve relevant supporting measures from the construction of an enterprise risk information sharing platform and the introduction of third-party assessment and appraisal agencies;finally,put forward relevant suggestions from the perspective of government guidance andsupervision to encourage and regulate the operation of the insurance system.One of the national environmental protection development strategies for the environmental pollution compulsory liability insurance system has a long way to go.It is expected that the superficial insights will be beneficial to the development of China's environmental pollution compulsory liability insurance system.