The Study On Environmental Liability Insurance System In China

With the progress of industrialization, more and more pollution incidents have caused heavy damage for person, property, environment and ecology. In recent years, as a developing country, along with economic development, China has already been high-incidence of environmental pollution. The compensations on environmental impairment have being a difficult problem which law and environment protection cause is hard to avoid, and the traditional civil remedy system face more and more difficulties. Among these difficulties, fault of infringer and complex proceedings are especially evident. Because environmental pollution is a special tort of a serious consequence, enormous compensation may cause pollution enterprises go bankrupt because of doctrine of no-fault liability. The people who are persons injured is difficult to obtain compensation promptly by legal proceedings because of pluralism, complexity and indirection of environmental pollution. According to ideas of sustainable development and scientific outlook on development, the socialization of damage compensation in environmental torts will be a trend. Environmental liability insurance will be a important part of the socialization of damage compensation in environmental torts as a way of passing of risk.This paper probes into the theoretical basis of environmental liability insurance, and necessity and practicability of this system. The aim of this paper is that how to establish and improve environmental liability insurance system in China in accord with national conditions by analyzing and comparing environmental liability insurance model of developed countries.First, the introduction show introduced the background, purpose and significance of the research. This paper states related theories of environmental liability insurance based on summary of situation of study at home and abroad, defines environmental tort, environmental liability insurance and related notions and analyses economic and juristic bases of environmental liability insurance. Second, this paper rethinks the reason that environmental liability insurance falls behind other countries by analyzing main developed countries models, such as America, Germany and France, and analyses theories of establishing environmental liability insurance system from necessity, value of law, practicability, environmental protection of sea, sustainable development of area, and environmental pollution treatment of river basin and environmental safety of food. Third, according to what we discussed and analyzed, this paper presents and demonstrates environmental liability insurance model in China in system of safeguard, project of operation, key problems and related systems. The most important point in this paper is creative viewpoints on insurance organization, two-way of insurance, credit system and environmental protection comprehensive catalogue. Epilogue of this paper suggests that environmental liability insurance may face difficulties.