| 英文摘要 |
In order to promote the law of environmental liability, this project drew up a preliminary plan about the draft of this law, managed object, the relevant insurance details, the fund size and allocation of financial resources. The legislation of Environmental Liability Law should consider carefully of resolving the real situation of environmental liability and the actual effects of policy objectives, therefore the recommendation draft includes ten chapters (general provisions, compensation for environmental damage, mandatory personal property damage liability insurance, mandatory liability insurance for damage to natural resources, personal property damage compensation fund, natural resource damage recovery fund, cross-border responsibilities and the response to climate change and the management, penalties, bylaw of environmental liability dispute) and eighty laws.
As for risk conditions of environmental liability, we suggest to consider five factors: population, the basic characteristics, location characteristics, emissions or operation permits and environmental management. The expert survey method and statistical methods are applied to complete the risk indicator system of environmental liability, at the same time, and confirm the reliability and validity. Based on the risk indicator system, we simulated the risk level of 10 institutions and presented the results by GIS. Using the Pareto Principle to analyze the database of air, water, waste, toxic permission, we found that control 20% of the control facilities, at least 90% of emissions or licensed capacity can be controlled. Raw material is not suitable for inclusion as a risk factor, because of the high variations of chemicals compounds. According to the international and national data and standard industry classification, we hereby proposed 29 industries need to be managed. As for the priority of the announced industries, it can be initially announced by five levels based on their risk. The risk is divided into 5 levels according to the results of environmental risk evaluation.
With the aspect of environmental liability insurance in the draft law, the detailed design of mandatory personal property damage liability insurance and damage to natural resources, mandatory liability insurance contract of insurance plan referred two sources. First, this project referred the current contents of the insurance contract of Japan and America, and the draft of this Law to plan contract terms of mandatory personal property damage liability insurance and mandatory natural resources liability insurance for the future. Second, this study adopted the pure premium method; calculating the possibility of frequency loss and magnitude for pure premium, and adding additional costs to calculate the total premium. Based on integrity and practicability of existing data, SO2, O3 and PM10 are selected to calculate the cost of personal injury compensation by air pollution and the cost of third party property and natural resources damage by soil pollution. It is difficult to calculate the premium based on the Taiwanese existing available data, because the number of pollution disputes in Taiwan is rare, and the burden of proof is transferred from the victim into the responsibility of the parties. Therefore we suggested calculating the pay items and the rates of net premium factor based on the foreign experience. After the Law to promote, in the future, and gradually build the database of the loss, the insurance costs can be re-adjusted. Besides the co-ordination of insurance industry, the practice of environmental liability insurance must consider whether the business owners can afford the cost and pollution of the past has accumulated will be passed on to existing operators. It is recommended to implement by two phases. The first phase focuses on the pollution liability which is caused by emergency or accident. The event time and insured driver are obvious, and the claim liability and objects are clear, in addition, due to the changes of limit in no-fault liability, the victim should be quickly to get claims. When the first phase is maturity, it is time to push forward to the second phase of the so-called gradual pollution liability.
The estimation procedures of personal property damage compensation fund size are limited by historical data, this study referred to the concept of "Motor vehicle accident compensation fund." At the beginning of fund creation, it should have at least NT fifty million to one hundred million as a capital base to cope huge losses of physical and property which caused by the environment damage. In this case, the fund can reach a balance to a normal operation. We suggested that it can be first set aside 3-6% of total premium into the fund. In the future, the rate structure can be adjusted based on the Fund's size and situation of expenditure and revenue. With the aspect of natural resource damage compensation funds, according to “Report of Green National Income Account” we study two damage costs: 1) the loss of environmental quality air, water and waste pollution; 2) depletion of natural resources caused by excessive pumping of groundwater, fishing, deforestation and indiscriminate. With the regression analysis which is commonly used in financial management methods and the concept of equivalent annual annuity, we estimate the fund size of natural resource damage compensation funds. In addition, the rule of compensation fund and natural resources compensation fund has been completed. This research plans to organize three discussing meeting, consultation meeting or public hearing, and has been held four meetings, reached the project goal.
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