洪水灾害保险的法律制度构建

An Exploration on Establishing the Legal System for Flood Disaster Insurance

洪灾保险制度的构建有利于减轻国家财政负担,分担由洪水灾害所造成的巨大损失,在最大程度上补偿受灾人的财产损失。构建洪灾保险的法律路径不仅有助于实现上述目的,且是对当前国家政策呼吁和现实风险社会的回应。其立法形式应当逐步推进,由试点规则到成为《保险法》中巨灾保险篇章的组成部分;其基本运营路径应当由政府和保险人在各司其职的同时联合协作,共同有效的推进洪灾保险制度的落实;在事前构建联合巨灾保险基金制度,保证资金流动性以应对洪灾风险的即时性;在投保时实施强制基础保险加浮动的自愿机制,照顾不同种类风险承担者的现实需要,最后应建立洪灾保险的公估人机制,保障洪灾保险制度的后期实施。

Establishing the flood disaster insurance system can reduce the fiscal burden of government, share in the significant losses from flood disasters, and compensate to the maximum level the property losses of flood victims. Constructing the flood insurance＇ s legal framework can help to achieve these goals, and is the appeal in the policymaking circle and a proper response to practical social risks. The legislation procedure should be carried out step by step, starting with an experimental rule to being administered into the catastrophe insurance chapter in the Insurance Law. The implementation of the insurance system should be operated jointly by government and insurance companies within their responsibilities. Moreover, a catastrophe insurance fund system should be established before hand to ensure the liquidity of the fund in the face of instant flood risks. The insurance plan can comprise of a mandatory basic coverage plus a floating voluntary portion, taking into consideration the needs of different types of risk-takers. Lastly, the loss adjusters system for flood disaster insurance should also be established to ensure later implementation of the insurance system.