Research On The Environmental Liability Insurance System In China

Environmental liability system insurance is liability insurance system and environmental tort liability to pay compensation system of combining product; it means while the corporation happening pollution accident (polluting the environment) cause damage to third party, the insurer shall bear corresponding compensation liability according to insurance contract and law, and provide economic compensation and overhead expense. In practice, environmental liability insurance coverage with strong participation of government is a kind civil liability, and aim to compensation of the loss caused by Environmental Infringement.In the 1970s, Environmental Rights sprang up in the western world and were well accepted. With the growing industrial pollution, environmentalists even put up Environmental Public Interest Litigation. The theory of Environmental Rights promotes the development of environmental torts'theory. In this case, environmental liability insurance system which aims to guard against and disperse compensation risks came in being. In France, Britain, Germany, the United States and more industrial developed countries, laws and regulations were made to assure the realization of environmental liability insurance system. At the same time insurance companies introduced corresponding business of the environmental liability insurance. At present, Chinese research on the environmental liability insurance system is few. Related environmental insurance business is still in early stages, and single insurance product is unable to adapt to the diverse needs of society. While we have not done much research on this subject and related environmental insurance business is still in the initial stage. Thus it's a necessity to take western theory and experience as a reference. And the focus should be on our own social reality. The project answers for the national policy, the scientific outlook on development and environmental protection. It will also have a significant effect on the economic development, social harmony and ecological world.The first steep to construction the environmental liability system insurance is to strengthen and improve the environmental legal system gradually. At present stage, China clearly define environmental liability insurance is not the nature of laws and regulations related to government documents, but only a policy document with strong guidance not legally binding. In China, specific provisions of law in terms of the system environmental liability insurance is still blank; In addition, we must give full play to the government co-ordination functions. The risk of environmental liability insurance business is higher than the other commercial insurance, as a public representative, all levels of government play a pivotal role in terms of environmental liability insurance system, so the construction of environmental liability insurance system need for government policies and financial supports. In China, on the one hand, the sense of business insurance is still very weak; on the other hand, corporate underwriting capacity will have to be improved and environmental liability insurance market is immature. At this stage, the construction of environmental liability insurance system relies heavily on the government to promote, to operation of the market on the basis of promoting, which requires all levels of government play the role of macro guidance and coordination of interests In terms of construction of environmental liability insurance system and business development; requires enterprises to increase the social responsibility again and consciously promote environmental responsibility building, undertake environmental obligations. Environmental obligations of enterprises mainly reflected in the in environmental responsibility, including corporate environmental laws responsibility, and legal responsibility need for mandatory law and norms, moral responsibility need to rely on environmental ethics and guidance. Promoting corporate environmental responsibility of building can reduce risks of corporate environmental to construction of environmental liability insurance system, reduce pressure on environmental governance with lower premiums. Even if environmental tort compensation occurred, the effective prevention for businesses and remedial measures, because of their effective prevention and remedial measures, the loss will also reduce the pressure on insurance companies, thereby reduce the company's business risk insurance, maintain the normal conduct of insurance business, so government and enterprises should adopt a number of ways to promote corporate environmental responsibility of building.