关于构建我国地震保险法律制度的研究

近几年全世界进入了地震高发期,为此,地震频发国家都建立了地震保险制度,地震保险对防震、抗震、震后经济补偿都起到了很大的作用。我国目前还没有建立地震保险制度。本文在借鉴日本、美国地震保险制度的基础上,论证了在我国建立地震保险法律制度的必要性和可能性,得出了我国应依法开办地震保险的结论。

A Research on Legal System of Constructing Chinese Earthquake Insurance

In recent years,the world has entered a period of high earthquake.On May 12,2008,the 8 magnitude quake happened in Wenchuan in Sichuan.On April 14,2010,the 7.1 magnitude quake occurred in Yushu in Qinghai.On January 12,2010,the 7.3 magnitude earthquake happened in Haiti.On February 27,2010,there was a 8.8 magnitude earthquake in Chile and on March 11,2011,there happened the 9.0 magnitude near Fudao in Japan.The countries in which Earthquake has happened frequently have established the earthquake insurance systems,having played an important role in shockproof,anti-seismic and post-earthquake economic compensation.Bu in China there is no earthquake insurance system.After a big quake,legal basis of insurance compensation is lacking for it.The paper on legal system of constructing earthquake insurance proposed that earthquake insurance system should be established in China.Of course,earthquake insurance should be policy-related insurance and adhere to the voluntary and mandatory combined,meanwhile,learning Japanese and American earthquake insurance system.This paper discussed the necessity and possibility of the establishment of earthquake insurance system and also drew a conclusion that earthquake insurance should be offered in our country according to law.