The Path Of Building Compulsory Liability Insurance For Environmental Pollution In China

Under the advocacy of the green development concept of "green water and green mountain is the golden mountain and silver mountain",society is undergoing transformation.China has increasingly become an important participant,contributor and leader in the construction of global ecological civilization.This means that China should also improve its theoretical system of environmental protection and contribute to the world.The design of the compulsory liability insurance system for environmental pollution and the concept of ecological civilization construction are similar,which is a useful system supplement for the construction of ecological civilization.Although compulsory liability environmental insurance has been paid more and more attention by many countries,the actual situation of each country is not the same.The system construction of compulsory liability insurance for environmental pollution should be based on national conditions.The specific model of environmental liability insurance to be implemented in China requires specific analysis.At present,China’s research on the system has not yet formed a complete system in theory and practice.This article aims to focus on Chinese experiences,to refine the theory of environmental pollution compulsory liability insurance.Compulsory liability insurance for environmental pollution has the characteristics of compulsory,limited,and public welfare,and has the functions of inhibiting the negative externalities and risk control of the production and operation of enterprises.The compulsory environmental pollution insurance can overcome the shortcomings of market regulation,to a greater extent to ensure that environmental pollution insurance plays a protective role.The practice of environmental pollution compulsory liability insurance in China has conducted since the late 1990 s,but until now it has not yet formed a unified and authoritative legislative regulation.With referring to local development experience in China and excellent achievements abroad,some specific suggestions for the improvement of China’s environmental pollution compulsory liability insurance system are put forward,which include adding a third-party direct claim right,limiting the right to insurance payment for accumulating environmental torts,recognizing progressive damage as underwriting,excluding criminal liability from legal liability for negligent crimes,ranking payment successions,and the exclusion of mental damage compensation in compulsory liability insurance,etc.