Research On Liability Insurance System Of Environment

With the continuous development of modern industrialization, the rapidprogress of Chinese economy did great harm to the environment. The variousenvironmental problems encountered by the developed countries during theirindustrialization over one century also appeared frequently in China in the lasttwenty years. The hazard and loss brought by frequent occurrence of environmentalpollution accidents have been increased rapidly, some of which even affectedpeople’s daily life, thus attracting more and more social attention. Nowadays theprincipal of damage compensation of environmental accidents liability is a kind ofindividualized solution, and independent system of environmental damagecompensation has not been shaped yet. When confronted with the frequent,widespread, serious and complicated modern environmental pollution accidents, thesystem of environmental damage compensation based on general theory ofinfringement has exposed numerous problems. For the enterprises, sometimes thecompensation is too huge to bear, even worse resulting in bankruptcy. The victims’life in the future will also be affected if they cannot get the compensation because ofthe enterprises bankruptcy. Thus, to socialize the environmental accidents liabilityhas become a solution with worldwide tendency at the present stage.In this thesis, the concepts and characteristics of environmental liabilityinsurance are introduced at first. As a new insurance, the essence of environmentalliability insurance is to shift the liability of environmental accidents to the society bythe means of insurance, thus relieving the burden of the enterprises, benefiting theremedy work afterwards and enhancing the development of environmental protection.After defining the basic concepts of environmental liability insurance, the relatedlaw and regulations and its deficiencies are analyzed from the present state ofenvironmental liability insurance trial work. Insurance liability insurance is a newtype of liability insurance, so there is no specific law to regulate. And most of thecurrent regulations are terms of other laws and regulations, which lay the foundation for the present system of environmental liability insurance. Moreover, there are alsomany problems during the experimental work of environmental liability insurance,such as the narrow scope of contract, unclear insurance coverage, unreasonableinsurance rate, lack of professional insurance undertakers, unscientific choosing ofinsurance mode, defective insurance law system and so on. According to the analysisof the system of environment liability insurance of advanced countries, experience issummarized to provide reference for us to build perfect environment liabilityinsurance system. No matter they are the United States and Germany wheremandatory insurance mode is applied or France and the Great Britain where thearbitrary insurance mode is applied, all of them established basic environmentliability system based on their national condition and improve it with thedevelopment of practice continuously, thus forming an environment liabilityinsurance system finally. At last, according to the analysis of feasibility and necessityto build environment liability insurance system in China, theoretical basis, economicbasis, practice basis and policy support to develop environment liability system arestated, affirming the probability to build environment liability insurance system inChina. At the same time, the necessity to develop environment liability insurance isanalyzed. As an efficient way to deal with environment dispute and seek social relieffor environment infringement, environment liability insurance can solveenvironmental problems by introducing market mechanism, promote the reform ofenvironment legislation to perfect the juridical system, build anenvironment-friendly society and reach a win-win situation of environment andeconomy. According to the present situation of our country and the theoretical andpractical experience of environment liability insurance from developed countries, ascientific system which suits the environmental reality should be built and improved.