Research On The Legal Issues Of My Country's Compulsory Environmental Liability Insurance Coverage

With the increasingly serious environmental problems,environmental liability insurance system has been developed and developed gradually.As an effective way of socialization of environmental responsibility,it is used in the field of environmental pollution in a mature way.However,our country has not formally established the environmental liability insurance system.It only carried out pilot exploration of compulsory environmental liability insurance in some specific areas and industries.In order to better implement the compulsory environmental liability insurance system and achieve the purpose of decentralizing the enterprise’s environmental risk,the establishment of its coverage is the key.The establishment of the scope of insurance determines the applicable object and the degree of application of the compulsory environmental liability insurance system,and determines the rate of compensation.It is related to the design of compulsory environmental liability insurance products,the scope of the insurance claims and the determination of the rules of claims,the insurance claims and the guidance of the litigation.Therefore,it is necessary to draw on the experience of other countries and combine the pilot status quo of our country to scientifically and reasonably define the coverage of compulsory environmental liability insurance in China.Through the analysis of the current situation and the legislative status of the insurance coverage of compulsory environmental liability insurance in China,this paper makes a comparison and analysis of the contract terms of insurance companies and the national and local policy documents,and then puts forward the corresponding suggestions to improve the insurance coverage in the trial process of compulsory environmental liability insurance.This is for balancing the interests between the victim,the insured and the insurer to the greatest extent and achieve the goal of promoting the coordinated development of economic development and environmental protection.According to the above,the full text is composed of five parts: the introduction and the four chapters.The first part is the introduction of this article based on the background and significance of the research,research review and research methods and innovation at homeand abroad.The second part is the in-depth analysis of the coverage of compulsory environmental liability insurance.First,the two basic theories of compulsory environmental liability insurance--risk society theory and interest balance theory are discussed.Secondly,through the analysis of the connotation and special properties of compulsory environmental liability insurance,the particularity of compulsory environmental liability insurance and the necessity of defining the scope of the insurance are clearly defined.Thirdly,we define the connotation of compulsory environmental liability insurance from three levels: the underwriting target,the underwriting object and the underwriting matters.Then,we define the connotation and logical relationship between four related concepts,including the scope of damage,the scope of liability,the scope of coverage and the scope of claims.Finally,it is clear about the importance of compulsory environmental liability insurance coverage.The third part,This paper analyzes the current situation of compulsory environmental liability insurance coverage in China from two aspects: practice and legislation.On the one hand,through analyzing the clauses of insurance contracts of some insurance companies,it is found that there is a problem of unclear and narrow coverage in practice.On the other hand,for the relevant legislation and policies of the country and the local,there is a lack of special environmental liability insurance legislation,the specific lack of specific coverage of the scope of the insurance coverage,the lack of relevant legislation and the lack of supporting system.The fourth part introduces the legislation and practice of overseas compulsory environmental liability insurance coverage.Firstly,it introduces the legislation and practice of compulsory environmental liability insurance in the US and Germany.Secondly,it analyzes and draw lessons from foreign legislation and practice,to solve the problems existing in China’s legislation and practice,there are following enlightenment: first,the legislative level: improve the legal system;second,the scope of insurance: to expand the scope of the insurance.The fifth part puts forward suggestions for improving the coverage of compulsory environmental liability insurance in China.On the basis of the previous research,combining with the existing situation in China and the experience of foreign countries,it issuggested that the following three levels should be made to improve the coverage of compulsory environmental liability insurance in China: first,establish and improve the legal system;Second,define mandatory coverage;Third,define the force of compulsory underwriting.