Legislation Perfection Of Environmental Pollution Liability Insurance In China

With the acceleration of China’s ecological civilization construction and environmental pollution control process,China’s ecological environment is more integrated and systematic characteristics.However,it cannot be ignored that the environmental pollution problem is still relatively serious,and the pollution disputes have always been a hot issue of social concern.The 2018 Draft Measures on The Management of Compulsory Responsibility for Environmental Pollution provides an effective way to control environmental pollution legislatively.However,from the practice of the northeast area in China to now,the construction of the legislative level,the development of environmental pollution liability insurance status,initially set up has not achieve the desired effect.The Ministry of Ecology and Environment and the China Banking Insurance Regulatory Commission could not agree on the details of environmental insurance.This not only makes it hard for local pilot data statistics,the legislation has stalled,pollution issues of governance in China has adverse effects,and environmental protection.Based on our country’s legislation system and the improvement of the content of this insurance for the direction,according to the empirical research,case analysis and comparative research methods,in the basic theoretical concepts,Analyze the domestic legislation.To study the content and system of foreign legislation,discusses the existing legislation issues of that insurance in our country,and puts forward specific Suggestions.Full text in addition to the introduction,consists of four parts:The first part,introduces the concept and legislative theory of environmental pollution liability insurance in China.From the concept of it,the characteristics and functions are summarized.summarizes the characteristics and function.From legislation and theory,the theory of harmony between man and nature,and the expectation of profit,the legitimacy of environmental pollution liability insurance legislation.From the perspective of the development of environmental legislation concept,the legislative direction of environmental pollution liability insurance is determined according to the legislative concept of "cooperation-participation".The second part,summarizes the legislative status quo of environmental pollution liability insurance in our country.On the one hand,the summary and list from central to local legislation in our country and national policy,and analyzes its legislation content;On the other hand,summed up the problem of this legislation,from the legislation form to the content,the specific performance in the legislative content itself coverage narrow,insurance mode fuzzy chaos and insurance mechanism,etc.The third part,the countries outside in this legislation form and content of introduction and comb.In America,Germany is relatively mature legislation system,Finnish and British relatively perfect legislation content of carding,analysis the similarities and differences between various countries,summarizes adapt the content of the legislation and the system construction in our country.The fourth part,on the legislation form and content,for the perfection of this legislation in our country are proposed.In legislative form,creation of environmental pollution liability insurance single-line method,combing the existing legislation system and the legislation content,break the plight of high status legislation.On the legislation content,determine the voluntary and comprehensive insurance mode,put forward to increase the gradual pollution of ecological environment damage,expand coverage,except clear responsibility;Want to install special accept insurance orgnaization,the main body that can make clear the form of legislative appendix is forced to cast,establish professional risk assessment and insurance cost to decide a system.At the same time,put forward to join in the legislation in the informationization construction and the content of science and technology insurance,encouraged the application of intelligent technology in environmental pollution liability insurance practice.Through the form and content of this legislation construction,expect perfect environmental legislation system,enhance the level of environmental governance and response the environment concept of ecological civilization construction and green development.