Research On The Environmental Liability Insurance System In China–from The Socialization Of View Of Environment Tort Remedy

With our government coming to know the limit of traditional remedy ways, they transferto develop socialization remedies. Experience from abroad, for as many of the remedies forenvironmental torts socialization remedies, environmental liability insurance is the mainapproaches. Government has been looking for further development of this system. On January21,2013, environmental pollution of compulsory liability insurance test place guidance wasjointly launched by the Ministry of Environmental Protection and the China InsuranceRegulatory Commission, whose requirements for three types enterprises of highenvironmental risk pushing compulsory environmental liability insurance. Environmentalliability insurance system in China’s test cities，more than10provinces (autonomous regions,municipalities)， had played to balance economic development and environmental protection,which is one of the effective patterns of socialization of environment infringement relief. Seenfrom current conditions in China and the status of the test places, in the aspect of designing aswell as processing of the system, there are some deficiencies, so this article selectenvironmental liability insurance system as a research topic, I hope to promote environmentresponsibility insurance system localization on my pygmy efforts.This article took use of the way of normative and empirical analysis, comparativeanalysis, literature research, and other methods. The thesis was divided into five sections,each part of the main content as follows: Chapter one is an introduction section, this partsummarized briefly to the whole article from six aspects. Respectively, background, purposeand significance of the study, foreign and home general situation study. Then made anintroduction of the study method and pointed out the innovation of this paper.Chapter two isthe produced foundation part, including “how does the socialization of view of environmentinfringement relief measures produce?”, analysis of related systems, extracting the leadingrole of environmental liability insurance system, further elaborated the theoretical basis ofenvironmental liability insurance system. Chapter III discussed from a related concept,characteristics, types, functions, system break-through several areas of environmental liabilityinsurance system，necessity and feasibility. The fourth chapter analyses abroad advancedexperiences in developed countries, gained inspiration. Author focuses on analysis of testplace developed history of the environmental liability insurance system in China, as well asfrom five agencies most closely associated with the system (environmental protection sector,the insurance sector, industry, insurance companies, and environmental risk assessmentagencies) analysis causes in practice. The final chapter is proposed countermeasures, respectively, to improve the administration of environmental protection, strengthen theguidance and supervision of insurance regulators, standard insurance company system,improve enterprise information and supervision, maintaining the lawful rights and interests ofenterprises, actively protect the environment risk assessment institutional development,improvement of integrated coordination mechanisms.Through these studies, this thesis put forward for maintaining the legitimate rights andinterests of the enterprise of the original angle, strengthening the Mediation Center ofconstruction and insurance consumer protection agency. To relieve the company’s anxiety ofnot reporting to the insurance company for the fear of undertaking administrative liability,affecting the functionality of environmental liability insurance, I proposed the establishmentof environmental governance insurance which undertaking public law liability.