Research on the Coverage of Compulsory Liability Insurance for Environmental Pollution

• 영문명: 환경오염 강제책임보험의 적용범위에 대한 연구
• 발행기관: 원광대학교 법학연구소
• 저자명: Ou Yangdandan(欧 阳 丹丹)
• 간행물 정보: 『원광법학』제35권 제1호, 319~354쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.03.30

국문 초록

前严峻的环境问题，我国初步建立了环境污染强制责任保险制度，承保范围作为制度 构建中需要重点关注的事项在实践中仍存诸多疑难问题与争议。在保险对象的选择中，对渐进性污 染事故责任是否属于保险对象的范畴模棱两可，有悖于制度目的。在具体承保事项上，虽然将生态 环境损害纳入事项范围内，但在公私法责任问题上界定不明，相关制度配套规范标准仍待厘清；将 精神损害赔偿排除在承保范围外，难以实现制度价值。

영문 초록

In order to solve the current crucial environmental problems, China has initially established a system of compulsory liability insurance for environmental pollution. Coverage is still a matter of concern in practice in the construction of the system. This paper attempts to follow the basic principles and concepts of compulsory liability insurance for environmental pollution, combines the reality of China with law and economic theory to explore the controversial and specific risk responsibilities. While choosing the underwriting standards, it is ambiguous to clarify whether the liability for progressive pollution accidents falls within the coverage of insurance standards which is against the purpose of the system. On the specific underwriting matters, although the eco-environmental damage is included, the definition of public and private law liability is still unclear, and the relevant system supporting norm standards are still to be clarified; the compensation for mental damage co is excluded from the coverage, the value of the system cannot be achieved.

목차

Ⅰ. The raise of the problem

Ⅱ. Insurance Standards: Dissolution of the Problem of Progressive Pollution Insurability

Ⅲ. Specific Underwrite risk: Realization of the Value of CLIEP

Ⅳ. Conclusion

키워드

environmental pollution compulsory liability insurance insurability coverage 环 境污 染 强制责 任保险 可保性 承保范围