The Research On Environmental Liability Insurance Law System

With the people's living standard rising, people's environment protection consciousness also strengthen, and environmental pollution claims Compensation go up too. In recent years, social nature risk in our country such as natural calamities,environmental pollution happened frequently, the Insurance with economical cooperative and contractual , scientific have brought positive effects on transferring risk , sharing loss, paying compensation. But environmental risk have become the one of the main risks because of its strong suddenly happened , big victim range, high compensation. According to the principle as" Polluter have burdens " the gigantic money of compensation make the enterprise can not bear and make the Victim can not get relief effectively. So we must find another way when the victim can not get relief through traditional methods. Environmental liability insurance can be a new favorite to protect ecological environment and control pollution and keep society developed sustainably. On December 4th.2007, the Ministry of Environmental Protection and China Insurance Regulatory had announced "the direction Suggestion about that environmental pollution liability insurance works" , environment liability insurance has stride into practice stage from theory study and be entended gradually through experimental unit. The government started to act an important role in the respect of control pollution in recently twenty and thirty years. The government will use Environment liability insurance that play the irreplaceable effect in protecting environment and controlling pollution and play an active role.On basic of exposition in concept, characteristic, function and relations on environment liability insurance and environment tort responsibility of environment liability insurance and through comparative method, practice analytical method and history analytical method, propose environment liability insurance having the special advantage in respect of solving environment tort. By describing theoretical foundation of environmental liability insurance, learning from foreign advanced environmental liability insurance law system and analyzing the problem on relevant cases, expounded the feasibility and necessity of environmental liability insurance establishment and various conditions on this law system. At the same time from the legislation, implementation and technology designing of environment liability insurance. Through elaborated on the concept of the author that on how to improve our environmental liability insurance law system, give proposals in theory, the substantial law and procedural law, especially reference on mature personal and property insurance of the design, presented technical requirements of environmental liability insurance for the design and implement the combination of insurance liability insurance theory and practice.