Study Of Environmental Liability Insurance System

For a long time, high energy consumption, high pollution, high emission industries and production capacity play the important role in China's economic development and brought huge economic benefits. At the same time, due to improper methods of business development, the state and society under supervision, resulting in the process of economic development, environmental issues become increasingly prominent: Deterioration of the environment, animal and plant reduction of natural disasters, the residents personal and property damage, weakened the country's overall capacity for sustainable development. How to effectively curb the increasing environmental pollution and environmental damage in today's "harmonious society" against the background of a theory in the study of hot spots.Environmental liability insurance is the sword to promote environmental protection work. The new pollution prevention and control and accountability mechanisms are being piloted in China, In this paper, in our country from the four parts of the full establishment of environmental liability insurance system, the legal issues related to conduct in-depth analysis of specific contents are as follows:First part is the summary of environmental liability insurance. Environmental liability insurance in our country belongs to a new insurance, this section analyzes the concept, characteristics and relevant content of liability insurance and environmental liability insurance , combined with social responsibility theory, the theory of risk sociability and law value theory to analysis the three aspects the basis of the law of environmental liability insurance, combined with transaction cost theory, Hand formula to explore two aspects of the economic basis of environmental liability insurance.The second part analyzes the the necessity and feasibility of establish China's environmental liability insurance system. Mainly from the need for both macro-and micro-elaborated: the macro level include safeguarding and realizing the fundamental interests of the masses of the people to protect the orderly operation of the national economy, maintaining social stability, supporting four aspects of social administration; main aspects including the balance of micro-enterprise, environmental accident victims, insurance companies and other multi-subject's interests. The feasibility of the main theories surrounding the feasibility of (environmental risks of its own security and the legal system can be protected), and the feasibility in practice on two fronts.Part III is divided into the West related to developed countries, environmental liability insurance system on the Construction of China's environmental liability insurance system in future. The author concluded by the United States, Germany, France and Britain the four countries of the environmental liability insurance system, summed up in these countries common environmental liability insurance system and laws of the relevant draw inspiration and make our country a specific learn from them.Part IV is divided into the establishment of China's environmental liability insurance system, concrete ideas. Limited to the insurance industry in China's current status quo is not the time for the direct application of international conventions, improve China's domestic law is undoubtedly the best principle. I environmental liability insurance system for the guiding principles of the legal status of the specific design of the system (insurance model, insurance coverage, insurance agencies, insurance rates, limits of liability, prevent moral hazard) and related security system (re-insurance system, government subsidies and compensation for environmental damage Fund) put forward relevant proposals.