A Study Of Collaboration To Environmental Liability Insurance And Socialization To The Damage Compensation Of Environmental Tort

At present, China is in a high incidence of environmental pollution accidents. Some parts of the industrial enterprises in pollution accidents, serious pollution of the environment, endanger the public health and social stability, especially some of the victims of pollution incidents not timely compensation, has led to many social contradictions. In view of the numerous victims and the serious consequences of the accident caused enormous social pressure, modern nations have included in the environmental tort of strict liability regulation range, reduce the victims to obtain legal damages obstacles. However, the seriousness of the consequences of environmental tort hazards, latent and progressive characteristics, tend to make the infringer to civil liability size is difficult to predict the huge compensation easily lead to severe economic hardship or even bankruptcy; the other hand, due to the infringer to compensate starting or unwilling to compensation, environmental tort victims is difficult to fair and reasonable relief.Since the1960s, the environmental liability insurance system in the West to flourish, with incomplete statistics, to date the environmental liability insurance system established in more than30countries and regions. The early1990s, some cities in China have been carrying out pollution liability insurance, but then basically at a standstill, after2007, the environmental pollution liability insurance as re one of the important environmental and economic policy across the country, and achieved some success, but also facing many problems, which restricts its development.General liability insurance only to cover the insurer’s tort liability. Although the tort by the restraint of our civil law, but the offender may not be able to ensure that victims will be able to get a reasonable damages. The purpose of tort liability socialization is to meet the actual needs of the social and economic life, in the limit of liability without fault insurance "provisions, relief from the victim’s loss, strengthen the system of the perpetrators of liability with force. In order to achieve the compensation of environmental damage that the purpose of socialization "protect the victims of the violations of the socio‐economically disadvantaged can get a reasonable rapid compensation for damages in environmental tort liability for the insurance subject, the Council through the formulation of laws and regulations, mandatory insured, in compensation for environmental damage and social ideal, tort liability, strict liability insurance damage to fill, by the law of large numbers through the dispersion of the danger, the loss of the apportionment of insurance technology, distribution to the entire community in the "dangerous society" under the principle of fault liability insurance instead of the general tort liability.When major disasters occur, in addition to benefit victims of little consolation money for damage to fill and no real help in order to avoid a victim of a tort parties have nowhere to turn, there is a need to strengthen the protection of its claim for damages achieved. The tort social, is the fill function, which aims to strengthen the tort liability of damage through the expansion of the concept of "negligence" by the establishment of "strict liability system" and "liability insurance", the loss sharing in the way of the community for each other the rescue in a sound social security system in China, reducing the misery and damage suffered by the victim, to supplement the lack of social insurance. That is, personal statement, whether now or in the future than those determined to meet their basic living needs and desires of the psychological state to get a peaceful feeling, and thus ensure the life of the people "economic security".