Research On Legal Issues Of Environmental Liability Insurance

Insurance has the function of risk dispersion and active compensation,and it plays a key role in environmental damage compensation.The public expects that the function of environmental liability insurance will be brought into play,which can then become a guarantee for the construction of an ecologically civilized society.Although environmental liability insurance has achieved some results in my country’s pilot projects,there are still deficiencies in related theoretical research and system design,which in turn affect the effects of environmental liability insurance.Therefore,it is necessary to combine the theoretical foundation and the status of the pilot program to conduct research on it,draw lessons from the systems of developed countries,sum up the experience that my country should learn from,and put forward specific suggestions for improvement.This article is divided into six parts.The first part introduces the background and significance of this article,analyzes the current research situation at home and abroad,and proposes the methods used in this article.The second part explains the general theories of environmental liability insurance: the theory of environmental justice,the theory of risk sharing,the theory of the principle of maximum integrity,and the theory of tort of environmental liability insurance.The third part,on the basis of combing the status of my country’s environmental liability insurance,pointed out its existing problems.There are mainly lack of legislation,imperfect environmental liability legal system,high insurance premium rate,too narrow coverage,low cost of corporate violations,shortcomings in judicial remedies,and insufficient government support.The fourth part introduces the environmental liability insurance systems of Britain,Germany,and the United States,and summarizes the experience that my country can learn from.That is,we must strengthen environmental legislation,establish a legal system in which compulsory liability insurance and arbitrary liability insurance coexist,extend the period of liability,establish an environmental liability reinsurance system,and establish a scientific underwriting agency for environmental liability insurance.The fifth part puts forward the legal countermeasures to improve my country’s environmental liability insurance and related supporting policies;improve the legal system of environmental liability insurance,strengthen the supervision of environmental liability insurance,increase the cost of violations,clarify the environmental liability insurance limit system,and establish a scientific risk assessment Institutions,reasonably determine the scope of underwriting,establish an environmental liability reinsurance system,strengthen the public’s environmental awareness and legal awareness,and increase government support.