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Study On Environmental Liability Insurance System

Posted on:2019-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:X T CaoFull Text:PDF
GTID:2416330545474227Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,environmental pollution accidents happen frequently.How to solve the problem of compensation after environmental damage is a difficult problem.As a social risk sharing mechanism,environmental liability insurance dispersing the risk of the enterprise,protecting the interests of the victims,reducing the government's financial expenditure,effectively solves the problem of compensation for environmental damage and realizes the "three wins".However,China's environmental liability insurance has fallen into a dilemma,the pilot work of environmental liability insurance being stagnant,the number of enterprises buying insurance being not much,and the growth rate of the liability insurance being far lower than the average growth rate of the insurance industry.There are many reasons for it.The most important thing is the legislation of environmental liability insurance.China has not established an effective legal system of environmental liability insurance.The existing legal provisions are not enough and scattered,and some of the provisions are also lack of operability.The United States,Germany,France and Finland are the countries with the early development of environmental liability insurance.They have perfect the legal system of environmental liability insurance and mature market operation mechanism,which can provide reference for the development of environmental liability insurance in China.The key to solve the problem of environmental liability insurance is to establish an environmental liability insurance system.First,we should improve the legal system of environmental liability insurance.To make it operate,we ought to change the existing law and formulate the environmental liability insurance law in detail and centrally stipulating the various systems of the liability insurance.Secondly,we should clarify the specific contents of the environmental liability insurance system.Specific provisions are made from the aspects of insurance mode,insurance coverage,premium rate,insurance limitation of time and money.Finally,the corresponding supporting mechanisms for environmental liability insurance are established,including government incentive mechanism,risk management mechanism and third-party evaluation mechanism.
Keywords/Search Tags:environmental tort, environmental liability, environmental liability insurance
PDF Full Text Request
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