Study Of Environmental Liability Insurance System

As a relatively new type of tort liability that came into being in the context of highly developed modern industry society, environment tort liability carries its own unique characteristics such as broadly involving, severely damaging as well as huge amounts of financial compensation. Besides, environment problem has become more than an International social problems but even an unstable factor that may trigger social turbulence. The establishment of a reasonable environmental tort compensation mechanism, therefore, is response to the legal rights of interested parties and a requirement for enterprises and even the need of the whole country development. Environmental liability insurance, functioning as a significant part of the compensation mechanism mentioned above, aims to efficiently and effectively protect legal rights of environment tort victims by offering proper compensation; and to protect enterprises from financial crisis on the other hand. Besides, the supervision conducted by insurance companies can act as a sufficient interest balancing mechanism for enterprises to reduce pollution, introduce environment-friendly facilities and so forth. So environmental liability insurance has been attracting more attention social-wide and has become a significant method to tackle with environmental tort compensation issues in many countries.This dissertation, by analysing the content of environmental liability insurance and relative foreign institutions, as well as specific condition of China, endavors to theoretically establish an environmental liability insurance that suits Chinese situation. First, the author chooses dangerous liability as a specific perspective to discuss the theoretical foundation of environment tort, in order to give a historical and systematic review on the essence and nature of environment tort liabilty. This jurisprudential analysis leads to the comparison of the resemblances and differences between non-fault liability and other types of liabilities, and furthermore, the unique characteristics of environment tort liability is discussed.In the second part of this paper, based on the features of environment tort liability the author primarily addresses disputes that require more than ordinary compensation to solve, after which a suggestion of establishing environmental liability insurance is made. After elaborating the content of environmental liability insurance system, the dissertation focuses mainly on the experiences of other countries and development in China about the concrete practice of the system. In the foreign experience part, the author briefly introduces the experiences of the countries adopting two different insurance systems, after which the social environment and appropriate approach China should take are both brought to discussion. In the domestic experience part, the present situation of environmental liability insurance system in China is detailedly illustrated.After the analyse and discussion of both foreign and domestic experiences, the author gives an introduction on several typical fields where environmental liability insurance system has been established, followed by a research on both of the typical insurance systems through a comparative perspective. In addition, the author also reviews foreign experiences in order to improve Chinese environmental liability insurance institution.In the final part of this paper, the current situation and existing problems of Chinese environmental liability insurance are discussed and the necessity of establishing a relatively appropriate compensation system is demonstrated. In the end of this dissertation, some constructive advices to improve Chinese environmental liability insurance system are given.