On The Systems Of Environmental Liability Insurance

Since the 20th century,with the rapid development of industrialization,urbanization and economy, the global environmental problems become more and more serious, the infringement on environmental rights and interests also increased accordingly. The damage and relief caused by environmental pollution and ecological infrinment will become a great social problem in the future.In order to contain the environmental pollution, more and more countries punish the inflictors strictly, require them to compensate for all the loss. Sometimes the compensasion will even cause bankruptcy. The inflictors urgently need environmental liability insurance. Most of victims of environment accidents stand up and sue those who infract their rights according to the principle of without the fault responsibility, even they win the sympathize of public and get the support of court finally, they will not get engough economical compensation. The environment infringers always face bankruptcy because of the huge enviromental indemnity. So the judgment may always means nothing at all. The problem of how to get compensation under environment infringement civil case become the focus of public, at the same time, most of enterprises need another system to undertake their properly risks on environment indemnity. So the Without the fault responsibility principle came into being..Because of the speciality of the environment infringement, the traditional common civil case succour system and nations to compensate the succour system of limitations have their own shortcomings.Under the flat of the sustainable development, the environmental protection and the economy developments should be combined together, passing various flexible policies and the law to promote the environmental protection. Therefore, environment liability insurance is very necessary and workable, the environment liability insurance can solve the environment indemnity problem efficiently and effectively, it slices the legal rights of the solid protection victims, keeps the balance of the ecosystem, guarantees the stability of society and keeps the economical development.The development of the environment infringement responsibility system provide development for the our country's insurance industry, it is also a new challenge to the theories and actual situations of the traditional insurance industry.Firstly, this article analyzed the concept and the characteristic of the environmental liability insurance, emphasized the advantage of the environment liability insurance system, pointed out that the environment liability insurance is a kind of the law technique to disperse and avoid risk, the foudation of it is the prnciple of without the fault responsibility, included the contract, infringement and compensate three law relations, can disperse the risk, and that is the foundation and the point o of this thesis.Secondly, this text used economical, the legal theory academic theories on the necessity and possibilities of theories to the environment liability insurance system,this is the foundation of the environment liability insurance system. This article also tried to do research on the insurance and the insurance joint management system, this issue environments injure the risk welfare lottery ticket perhaps publish the huge disaster stock certificate etc.And pointed out the environment liability insurance system not all-powerful, Except for establishing its structure, still need the close match of other systems, We are looking forward to build up the perfect environment civil responsibility system .Thirdly, this thesis is based on the research of the development and practice of the western environment liability insurance system,study the legislation and special fulfillment of other countries, the article said the western cuntries has solves the environment responsibility problem through long term effort. However, in our country, because of the unbalance of economy development ,the unsoundness of law system ,the infirmty of polocy, the deficiency of enviroment protection and insurance consciousness, the development of the environment liability insurance is inadequate compare with the western countries. our country and should adopt with compulsory the environment liability insurance , arbitrarily liability insurance for the lawmaking mode that assist.Finally, based on the research of the environment liability insurance system and related lawmaking of China , and put forward legislative suggestions, include the choice of environment liability insurance and contract , looking forward to overcome the limit of environment liability insurance system, strenth the environmental liability insurance fucction of risk dispereion and loss digestion.