中国建立环境责任保险制度的路径与选择

The path choice of the establishment of environmental liability insurance system in China

随着中国市场经济的发展,环境保护问题愈来愈凸显出其重要性和必要性。由于环境污染具有突发性、累积性、持续性等特定属性,其带来的损害是难以估量的,具有很高的风险。因此,适时地建立环境责任保险制度是解决该冲突的有效途径之一。通过对西方发达国家环境责任保险发展经验的研究,为中国建立环境责任保险制度的路径提供了选择,如建立完善的环境保护法律法规、选择合理的模式、规范承保范围、科学组建承保机构、严格限定责任限额等。

With the rapid developmert of market economy in China, the issue of environmental protection is in- creasingly highlighted its importance and necessity. Environmental pollution had the specific properties of sudden in occurrence, accumulation and persistent, so the damage caused by environmental pollution is incalculable and always associated with a high degree of risk. Therefore, the duly establishment of environmental liability insurance system is one of the effective ways to resolve the conflict. The successful experience of western developed countries in environ- mental liability insurance was studied in-depth in this paper, base on which, we provided different pathway for China to establish environmental liability insurance system, such as establishing a comprehensive environmental protection laws and regulations, choose the reasonable insurance model, specification of insurance coverages, scientific formation of underwriting agency, strictly limited liability limit and so on.