Studies On Environmental Liability Insurance System

In the 20th century, the large-scale industrialization, urbanization advancement and the rapid development of economy has brought serious environmental pollution and ecological destruction, environmental damage compensation problem has become our country and even the world are hard to avoid common problems. Currently, the environmental damages in judicial field the no-fault liability principle, and individual enterprise to assume liability to pay compensation ability is limited, huge damages to the bankrupt enterprise force, this makes the environmental pollution victims and public environment should not harm the compensation. How can safeguard the lawful rights and interests of the victim, also can maintain the sustainable development of society and economy, environment law is the urgent problems facing institute. While environmental liability insurance system to solve this problem has its unique advantages, it can through the responsibility of the socialization of risk in security environment pollution victims compensation, avoid to get to undertake large enterprise for compensation and facing bankruptcy has played an important role, environmental liability insurance system to promote environmental tort compensation socialization and resolve environmental tort relief effective means of dilemma.Currently, environmental liability insurance system in our country, the basically in a blank area in constructing environmental liability insurance system must be from two aspects of theory and practice, in order to consider in China to establish reasonable, perfect environmental liability insurance system. From the first of environmental liability insurance theoretical aspects of the concept, characteristics, basic principles and basic research for our country, system of environmental liability insurance system provides theory basis, then, the domestic and foreign research has absorbed, on the basis of research achievements of various levels from environmental liability insurance system, the paper made a comprehensive legal system, and emphatically from the Angle of law, and analyses of environmental liability insurance in our country and its development status of the internal cause, slow development of main underwriter operation cost is too high, product effective supply, enterprise's effective unmet needs is not perfect, laws and regulations, also with the actual condition of our country, and puts forward the specific suited the improvement Suggestions, mainly in the legal system and the insurance agency, perfect the mechanism of competition in the market and the government introduced in order to etc, environmental liability insurance system to overcome the limitations of itself, the better to play its dispersive risk, digestive loss function, both can make the victim's legal rights and interests, safeguard social economic benefits and can realize the dual purpose.