Analysis On The Construction Of Environmental Liability Insurance System In China

With the high-speed growth of the economic characterized by heavy and chemical industries, the resources and the environment is under increasing pressure. Due to the characteristics of slow, indirect, complexity, it is more difficult and complicated to be identified for the environmental tort compared to others. In order to curb the growing problem of industrial pollution, most countries have to punish the behavior of environmental pollution severely. Although the high penalties can punish the polluters, it puts them face bankruptcy. In order to promote the economical and society’s sustainable development and safeguard the interests of the polluting enterprises and the victim, there is an urgent need to shift the responsibility for environmental pollution. Environmental liability insurance is generated in this case. From the point of view of the law, this article made a reasonable analysis on how to build the perfect system of environmental liability insurance.Through in-depth analysis of the basic theory of environmental liability insurance system and the domestic and international’s legislation and practice, this article put forward a reasonable proposal for how to build an environmental liability insurance system, expecting to be able to play an active role on the current environmental damage tort. As long as we build a perfect system, we must be able to maintain the economic and community interests.The paper is composed by four parts:In the first part, by introducing the definition, types, theoretical significance and practical significance of environmental liability insurance system, it outlines the environmental liability insurance system preliminary. In the second part, through the introduction and evaluation of implementation of environmental liability insurance in foreign countries, it comes to the revelation of China’s environmental liability insurance. In the third part, it analyses the causes of the current environment responsibility insurance in China. In the fourth part, it analyses the background and reasons of the model of our country’s environmental liability insurance and pointed out the conditions to build a perfect environmental liability insurance system in our country. In the last part, it proposed how to establish a perfect environmental liability insurance system according to China’s actual situation.