Citation:
Hong MA and Zhimin WANG. The Designing Principles of Legal System of Environmental Pollution Liability Insurance[J]. Academic Monthly, 2022, 54(11): 96-106.
The Designing Principles of Legal System of Environmental Pollution Liability Insurance
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Abstract
The absence of relevant legislation has failed the pilot program of environmental pollution liability insurance. From the program and from legislative experience abroad, the liability insurance should be based on a model of “voluntary participation as a rule and compulsory participation as an exception”. Logically, it should be governed by both Insurance Law and Environmental Protection Law. With breakthroughs and experience of the enactment of Civil Codes, the design of Environmental Pollution Liability Insurance Law needs amendment of Environmental Protection Law and Insurance Law, and needs to be embedded in the framework of Environmental Protection Law; and also, be put into the liability insurance section of Insurance Law. So, the amendment of Insurance Law and the legislation of environmental pollution liability insurance are required, naming specific areas for compulsory participation, and unnamed areas for voluntary participation. With such a specific and specialized legislation, integrity and flexibility of the legal system can be achieved.
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