Legal Study On The Mode Of Environmental Liability Insurance

In response to environmental pollution problems,my country has carried out an exploration of environmental liability insurance pilot work.However,because the current environmental liability insurance system adopts a voluntary insurance model.There are no mandatory regulations at the legislative level,and companies are not required to take out insurance.Therefore,the insurance pilot project has fallen into a deadlock of "applauding but not popular".Under the voluntary insurance model,environmental liability insurance cannot perform its own functions.In order to solve the practical problems of timely relief of the infringed,taking into account the interests of enterprises,and alleviating the pressure on the government to manage the environment in environmental pollution,it is urgent to adopt a mandatory insurance model in legislation.In addition to the introduction,this thesis includes six parts.The first part introduces the theoretical basis of environmental liability insurance mode.Among them,it includes the definition of environmental liability insurance mode,the connection and difference between voluntary insurance mode and compulsory insurance mode,and further discusses the relevant theoretical basis of environmental liability insurance system insurance mode.The second part discusses the current legislative status and existing problems of my country’s environmental liability insurance system under the voluntary insurance model.Under the voluntary insurance model,there are disadvantages such as the low enthusiasm of the participants,the inadequate accountability of polluting companies,the delayed relief of the infringed,the narrow scope of insurance,and the unreasonable risk assessment mechanism.In the third part,the author found that Germany and the United States mainly adopt the compulsory insurance model,and France and the United Kingdom mainly adopt the voluntary insurance model through the analysis of the environmental liability insurance model outside the territory.The author draws on the relevant experience of foreign environmental liability insurance systems,and concludes that my country ’ s insurance model should adopt a compulsory-based insurance model,with voluntary insurance as a supplementary model,and gradually expand the scope of insurance.The fourth part explains the necessity and feasibility of adopting the compulsory insurance mode of environmental liability insurance in our country.In terms of necessity,it is an effective means of remedy to protect the rights of the infringed;balancing the interests of related subjects and alleviating the pressure on the government to govern the environment is a realistic need to achieve social fairness and justice;it is conducive to building a win-win legal order for economic development and environmental protection.In terms of feasibility,the existing pilot documents for compulsory application of environmental liability insurance provide a legislative foundation,the government provides a solid policy guarantee,and local pilots provide valuable practical experience for legislation.The fifth part proposes the system design to improve the compulsory insurance model of environmental liability insurance in my country,which mainly includes: defining the scope of compulsory insurance subjects,clarifying the legal consequences of not insuring,clarifying the scope of insurance compensation,gradually expanding the scope of insurance,and establishing third-party risk assessment and Loss determination mechanism.The sixth part is the author’s summary of the above-mentioned problems and draws relevant conclusions.