我国环境污染责任保险制度的法经济学分析
发布时间：2018-12-06 13:10
【摘要】：环境污染责任保险是以企业发生污染事故对第三者造成的损害依法应承担的赔偿责任为标的的保险。环境污染责任保险制度是一系列规范环境污染责任保险当事人行为的规则,其目的是用经济的手段解决环境问题。 环境污染责任保险制度在国外有五十多年的发展历史,其在美国、英国、德国、法国等发达国家和地区得到了广泛的应用。我国19世纪90年代才开始建立环境污染责任保险制度。但是由于种种原因,短短两年的时间就“夭折”了。然而,“松花江水污染”等重大环境污染事故的频繁发生给环境污染责任保险制度以“再生”的机会。国家积极进行环境污染责任保险制度试点工作,希望通过该制度能够解决我国目前的环境问题。但是,经过两年的发展,该制度并没有发挥其应有的作用。鉴于此,本文以环境污染责任保险制度为研究对象,运用法经济学的分析方法,在国内外相关研究的基础上,试图寻找困境产生的原因以及解决方法。 本文重点从以下五个方面进行分析:一、对环境污染责任保险以及环境污染责任保险制度进行界定。二、运用法经济学的分析方法,分析环境污染责任保险制度产生的原因。主要概括为四大理论:风险池理论、社会福利理论、交易成本理论、外部性理论。三、剖析环境污染责任保险制度的缺点。四、针对环境污染责任保险制度的不足,提出了相应的完善措施。不仅包括该制度本身的完善,还包括相关替代制度的建立。五、对我国环境污染责任保险制度进行分析。
[Abstract]:Environmental pollution liability insurance is based on the damage caused by the third party caused by the pollution accident. The environmental pollution liability insurance system is a series of rules to regulate the behavior of the parties to the environmental pollution liability insurance, and its purpose is to solve the environmental problems by economic means. Environmental pollution liability insurance system has a history of more than 50 years abroad. It has been widely used in developed countries and regions such as the United States, Britain, Germany, France and so on. The liability insurance system for environmental pollution was established only in the 1890s in China. But for a variety of reasons, a short period of two years on the "dead." However, the frequent occurrence of "Songhua River water pollution" and other major environmental pollution accidents give the environmental pollution liability insurance system the opportunity of "regeneration". The state actively carries out the pilot work of environmental pollution liability insurance system, hoping to solve our country's current environmental problems through this system. However, after two years of development, the system did not play its due role. In view of this, this article takes the environmental pollution liability insurance system as the research object, uses the law economics analysis method, in the domestic and foreign correlation research foundation, attempts to seek the difficult position causes and the solution. This paper focuses on the following five aspects of analysis: first, the definition of environmental pollution liability insurance and environmental pollution liability insurance system. Secondly, the causes of environmental pollution liability insurance system are analyzed by using the analysis method of law and economics. There are four main theories: risk pool theory, social welfare theory, transaction cost theory and externality theory. Third, analyze the shortcomings of environmental pollution liability insurance system. Fourth, in view of the environmental pollution liability insurance system insufficiency, proposed the corresponding consummation measure. It includes not only the perfection of the system itself, but also the establishment of the relevant substitution system. Fifth, the analysis of China's environmental pollution liability insurance system.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68;D922.284;F842.6
本文编号：2366074
[Abstract]:Environmental pollution liability insurance is based on the damage caused by the third party caused by the pollution accident. The environmental pollution liability insurance system is a series of rules to regulate the behavior of the parties to the environmental pollution liability insurance, and its purpose is to solve the environmental problems by economic means. Environmental pollution liability insurance system has a history of more than 50 years abroad. It has been widely used in developed countries and regions such as the United States, Britain, Germany, France and so on. The liability insurance system for environmental pollution was established only in the 1890s in China. But for a variety of reasons, a short period of two years on the "dead." However, the frequent occurrence of "Songhua River water pollution" and other major environmental pollution accidents give the environmental pollution liability insurance system the opportunity of "regeneration". The state actively carries out the pilot work of environmental pollution liability insurance system, hoping to solve our country's current environmental problems through this system. However, after two years of development, the system did not play its due role. In view of this, this article takes the environmental pollution liability insurance system as the research object, uses the law economics analysis method, in the domestic and foreign correlation research foundation, attempts to seek the difficult position causes and the solution. This paper focuses on the following five aspects of analysis: first, the definition of environmental pollution liability insurance and environmental pollution liability insurance system. Secondly, the causes of environmental pollution liability insurance system are analyzed by using the analysis method of law and economics. There are four main theories: risk pool theory, social welfare theory, transaction cost theory and externality theory. Third, analyze the shortcomings of environmental pollution liability insurance system. Fourth, in view of the environmental pollution liability insurance system insufficiency, proposed the corresponding consummation measure. It includes not only the perfection of the system itself, but also the establishment of the relevant substitution system. Fifth, the analysis of China's environmental pollution liability insurance system.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68;D922.284;F842.6
【引证文献】
相关硕士学位论文 前1条
1 段琼;我国环境污染责任保险模式的法律思考[D];湖南师范大学;2012年
，本文编号：2366074
本文链接：https://www.wllwen.com/falvlunwen/huanjingziyuanfa/2366074.html
