Study On The Legal Systems Of Environmental Liability Insurance Of China

The industrial production and the fast-developing economics make the environment worse and worse. The environmental liability insurance is a way to save the environment and develops gradually with the appearance of the people environment right theory. The environmental liability insurance distributes the damage responsibility of the infringement act to the public by the function of distributing the danger and digesting the damage to take the enterprise out of the indemnity responsibility to ensure the enterprises develop well. Meanwhile, the replacement of the subject of the environmental liability insurance can ensure that the victim can get compensation. Finally, the economic and policy lever functions of the environmental liability insurance can make the enterprise protect the environment. Nowadays, most developed countries establish the mature environmental liability insurance mechanism.In China, the environmental liability insurance is still not so mature. Some related theory and research are also not so mature. There are lots of environment problems appearing with the fast-developing economics. According to the successful practice of the environmental liability insurance in other countries, China needs to establish his own environmental liability insurance mechanism. Nowadays, the experiments of the environmental liability insurance go well and the first compensation of the environmental liability insurance is done. However, the development of the environmental liability insurance still needs the supporting laws.This paper presents the environmental liability insurance mechanism in China in five respects. The first and the second parts provide the theory basis to the establishment of the environmental liability insurance mechanism in China by telling the basic concepts and theory of the environmental liability insurance. The third part makes some investigations about the legislation of the environmental liability insurance in other countries and provides some references to the current environmental liability insurance in China. The fourth part presents the current situation of the environmental liability insurance in China and makes some analysis about the necessity of establishing the environmental liability insurance, which shows that practical, reasons to establish the environmental liability insurance. The final part proposes the ideas about the insurance model, insurance agencies, scope of coverage, liability limits, the claim limitation, the rate determined and re-insurance,establishing the environmental liability insurance in China through the specific content of the environmental liability insurance in China.