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环境污染责任保险是以被保险人因污染环境而应承担的环境赔偿或治理责任为标的的责任保险,是责任保险发展形成的新险种,是将责任保险应用于环境保护领域,通常又被称为“绿色保险”。但目前基于我国保险行业的发展情况,对环境污染责任保险的功能还没有细分,还尚未统一建立我国环境污染风险评估机制及赔偿标准体系。本文就环境污染责任保险的社会管理和经济补偿功能,参考不同类型国家环境污染责任保险模式的实践经验,从法学与经济学的角度,提出环境污染责任保险的新模式的可行性,促进环境污染责任保险制度的发展与完善。
Liability insurance is the responsibility insurance based on the environmental compensation or governance responsibility that the insured should bear due to polluting the environment. It is a new insurance formed by the development of liability insurance. It is also used to apply liability insurance to the field of environmental protection, For “green insurance”. However, at present, based on the development of China’s insurance industry, the function of liability insurance for environmental pollution has not been subdivided yet, and the mechanism for assessing the risk of environmental pollution and the compensation standard system have not yet been established. Based on the practical experience of environmental pollution liability insurance in different types of countries, this paper puts forward the feasibility of a new model of environmental pollution liability insurance from the perspective of law and economics, and promotes the environmental pollution Development and Improvement of Liability Insurance System.