On The Socialization Of Environmental Tort Relief

Along with the advance of China’s industrial technology level and the high speed development of economy,all kinds of enterprises in the process of production and operation of pollution released into the environment of waste in increasing the number of species.As a result,the environmental pollution problem is becoming more and more serious.However,in order to balance the economic interests of the society,the environmental liability insurance system is put forward because of the characteristics of the appropriate law.As the insurance industry in our country is not mature enough,it is not ideal for the environmental responsibility insurance business to be piloted in our country.Based on the analysis of the overseas mature environmental liability insurance system on the basis of comparison of environmental liability insurance system in China,the disadvantages of artificial set environmental liability insurance system in our country.This article focuses on six parts:The first part expounds the characteristics of the concept of environmental tort,a detailed analysis of the four major characteristics of the environment infringement,environmental tort subject with inequality,not interchangeability and specific qualitative;The object of environmental infringement is extensive;The causal relationship between environmental infringement is complex;The behavior of environmental pollution is potentially legitimate and socially appropriate.The second part analyzes the present situation of environmental tort relief in China.It is a kind of social responsibility to make the environmental liability insurance system in the context of the environmental liability insurance system.The third part analyzes the necessity of introducing environmental liability insurance system in China.From the analysis on social value,the introduction of environmental liability insurance system is beneficial to promote the long-term development of economy,to achieve the goal of scientific development,sustainable development has an important significance and value.From functional analysis,the implementation of environmental liability insurance system has a great interest for insurance companies,victims and insured companies.This paper analyzes the present situation of the environmental liability insurance system in China,points out the existing problems,and provides reference for the construction of environmental liability insurance system.The fourth part detailed analysis of the development of environmental liability insurance system abroad,from the mode of environmental liability insurance agencies,insurance,the scope of the insured and limitation of claims for detailed analysis in this paper.As an important argument in this paper,this paper provides a reference for the construction of environmental responsibility insurance system in China.The fifth part discusses the environmental liability insurance system that should be constructed in China from all four angles.The establishment of a policy of environmental responsibility insurance shall be formulated by the insurance system for environmental responsibility;The insurance model should be a combination of coercion and voluntariness;The scope of the contract is clearly defined;The time effect of the claim should be extended according to the actual situation.This paper introduces the other system of the environmental liability insurance system,such as environmental tort compensation fund and reinsurance system.