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Improvement Of The Liability Insurance System Of Environmental Torts

Posted on:2018-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:P X ShangFull Text:PDF
GTID:2381330518458927Subject:Law
Abstract/Summary:PDF Full Text Request
In recent decades,along with the rapid economic development of the society,the environmental issues have become increasingly prominent.People desperately want to coordinate the relationship between economic development and environmental protection.Environmental tort liability insurance system as the embodiment of socialization of tort liability in the field of environmental protection was born in such a context.It can protect the interests of victims of environmental infringement,and help the company reduce the risk in the course of business,and at the same time to a certain extent,alleviate the Government's financial burden,and also can maintain social stability.Since the 1960s,developed countries have started to gradually implement environmental tort liability insurance,as an important means to protect the environment and safeguard the rights of victims.Environmental liability insurance system in China is still in the exploratory stage and the recently established system of environmental tort responsibility insurance still has many deficiencies.While in recent years,major environmental pollution accidents continue to occur in China,environmental issues have become increasingly prominent.Based on this situation,in order to better solve the environmental problems,urgently need to improve the environmental tort liability insurance system in China.This paper analyzes and studies China's environmental tort liability insurance system in five parts,and wants to provide some suggestions for improving China's environmental tort liability system.In the first part,the paper discusses the background and significance of research on the topic.And illustrate the environmental tort liability is an important system that the result of social development and satisfies social needs.As an important means to protect the environment,protect the rights of victims and maintain social stability,it is very important to study and improve the system of environmental tort liability insurance.At the same time,it expounds the current situation of the research on the topic of this thesis,and by showing the theoretical point of view of famous scholars at home and abroad,leading the research focus of this paper.The second part,elaborated the basic theory,including the concept and the characteristics of environmental tort liability insurance system,and significance of its existence.The third part summarizes the relevant legal status of China's environmental tort liability insurance system,and getting some experience and lessons in combination with the implementation of the pilot.These experiences are the basis of perfecting China's system of environmental tort insurance.Part four,through the study of other countries which environmental tort liability insurance system have developed maturely,combined with China's actual situation,get some experience for our reference and learning.Finally,on the basis of the research on several parts of the paper,the author puts forward the suggestion of promoting the development and perfection of China's environmental tort liability insurance system.The authors hope can through improving the environment tort liability insurance system,to achieve better protection of victim rights and better protection of the environment as well as the purpose of promoting economic development.
Keywords/Search Tags:Environmental infringement, Liability insurance, Construction of legal system, Underwriting model
PDF Full Text Request
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