日本环境污染赔偿责任保险的实践与启示

The Practice of the Environmental Impairment Liability Insurance in Japan and Its Significance

日本于1992年开始推广环境污染赔偿责任保险,实行自愿性商业保险模式。因实践中面临诸多障碍,日本学界和保险实务界从供需双方的视角分别探讨了制约环境污染赔偿责任保险的主要问题,对环境污染赔偿责任保险的赔偿基础、保险金支付范围和免责事由等问题进行了科学设计。目前,我国环境污染责任保险试点面临企业风险管理观念落后、法律制度不健全、缺乏市场化等问题。在借鉴日本环境污染赔偿责任保险制度的基础上,应尽快健全我国环境污染责任保险的法律制度,优化风险评估机制,完善再保险制度,重视保险市场性与公共支援的平衡,并增强企业的环境风险管理战略意识,实现我国环境污染责任保险制度的功能。

Some Japanese insurance corporations have offered the environmental impairment liability insurance(EILI) since 1992, which come in the form of voluntary commercial insurance. With many difficulties during the popularization process, the academic circle and insurance companies in Japan have promoted theoretical research and empirical survey from the point of view of the supply and demand, discussing the main problems hindering the EILI. They probe the compensation basis, the payment of insurance and liability exemption conditions, and trying to offer reasonable insurance products. There are many problems with the experimental practice of environmental pollution liability insurance(EPLI) in China such as outdated philosophy on environmental risk management, less perfect laws and rules, the absence of marketization, etc. We should draw on the theoretical achievement and practical experience of Japan, and concentrate on forming relevant rules and legislation of EPLI, perfecting the risk evaluation mechanism, promoting the reinsurance institution, and emphasizing the balance of marketability and public support. It is also urgent to promote the consciousness of risk management strategy of domestic enterprises. All of these five aspects will ensure the functioning of EPLI in China.