Study On The Exclusion Of Liability Legislation For Compulsory Environmental Pollution Insurance

Since China launched the pilot of compulsory liability insurance for environmental pollution,the development of this insurance is not satisfactory,and the legislation is out of line with the needs of practice.In particular,the provisions on exclusion liability are too principled and not strongly applicable.In this context,after researching domestic and foreign articles on environmental pollution liability insurance,exclusion of liability and coverage,the article,in Chapter 1,analyzes the jurisprudential basis of the defense of civil liability for environmental tort,the principle of loss compensation in insurance contracts,and the theory of insurability of environmental risks from the perspective of weighing the interests of all parties and In the first chapter,we analyze the jurisprudential basis of environmental tort civil liability defense,the loss compensation principle of insurance contract and the theory of insurability of environmental risk,and argue the justification basis and research necessity of the exclusion of environmental pollution compulsory liability insurance from the perspective of weighing the interests of parties and preventing moral risks.The paper also defines the exclusions and compares them with the common term"exclusion clauses" in insurance contracts.Chapter 2 examines the current legislative system and the exclusion clauses in the insurance market practice,and analyzes the cases involving environmental pollution liability insurance by using the case study method.Based on the full analysis of the current situation in Chapter 2,Chapter 3presents the problems of the current exclusion of liability for compulsory environmental pollution insurance,which,in general,include the inadequate basis of the supremacy of the exclusion,the unclear definition of the connotation of the exclusion,and the inadequate regulation of the scope of the exclusion and the unclear extension.After the overview of the problems,the article analyzes the controversies in the specific construction of the content of the excluded liability and presents the viewpoints.In the fourth and fifth chapters,the comparative study method is applied to combine the experience of implementing compulsory liability insurance for motor vehicle traffic accidents in China and the practical development and legislative experience of environmental liability insurance in the U.S.It is suggested that the Environmental Protection Law and relevant provisions of environmental laws should be revised,and judicial practice should be unified by means of judicial interpretation,and the specific content of "compulsory liability insurance for environmental pollution In addition,we believe that we should systematically discuss the specific contents of the "exclusion of liability".At the same time,it is also considered that general environmental pollution compulsory liability insurance provisions should be constructed for reference application.The implementation of the exclusion of liability for compulsory environmental pollution insurance depends not only on the improvement of legislation,but also on the influence of judicial practice and the insurance market,so it should be improved from various aspects in order to promote the development of compulsory environmental pollution insurance in China.