Talk On The Of China's Environmental Liability Insurance System

With the dramatic development of the global economy,more and more people are paying attention t0 the devastating environmental pollutions .How to protect the earth and our living surroundings has been written in many countries national plans. China also focused on this problem and put forth ecological economy plan on several meetings . Protecting the environment and keeping human and environment in harmony are keys of ecological economy .On the basis of this,the prevention and settlemenl of pollutions are becoming more and more important in the research of cnvi ronnlent law. Nowadays,the number of communities connecting with environment is increasing,no matter whether directly or indirectly.So the compensation of environmental pollutions has been inescapable .If let the companies take tile responsibilities only by themselves,most of them would go bankruptcy .As we all known.It's unbeneficial to both economy and environmental protection. Under 1hi s situation.environmental liability insurance is taking up.Everyone has the responsibility of protecting environment . Have you ever thought about why we have the responsibility'? In ancient time,human beings and cnvironmenl were in harmony, we could take whatever we needed and the cnvironment was always generous to give .But one day,there were conllicts and fights between us and environment,if we took more than we needed or even just we needed, the nature punished us .Why? Because we have taken more than the nature could give us,and instead ofthanking for its giving,we hurt it deeply by polluting the air, water, lorest,and mountains We live on the earth.if it's not willing t0 afford us anymore, we have to face the worst ending--_Ideath .So how to co-survival with the environment is the top lbr to settle. All the things we can do now is take our responsibilities and duties actively, and do our best to minimize the damages and destructions .At present, many people have realized how important the action to protect our earth and environment, but some ofthem are doubting about why we don't find the effective ways to solve the problem?In my opinion,the key ofthe problem is whether human beings regard protecting environment as our duties heartedly,and whether we try our best to make a suitable plan to take our duties In the nutshell. action sounds louder than speak,if we just talk about environmental responsibilities day by day but not taking actions,all will end in nothing.With the practices of China's environment protection, the author wants to do systematic researches on the theory and practice of environmental liability insurance to build a system that decreasing the conflicts between economic development and environmental protection and making two—win of both.Environmental liability insurance,the outcome of the development of market economy,and the need of setting up a healthy civil society, is non -beneficial and commercial.(1)To countries,environmental liability insurance is beneficial to the realization of national sustainable development.Sustainable development is worldwide agreed and is becoming the main goal in nations'economic developments The environmental liability insurance is good at preventing environmental pollution and focusing social energy to help government allocate social energy effectively Furthermore,with the increase of law sense,citizens are more and more active to protect themselves by law. Therefore, there are more and more cases about environmental infringement. But as talked above,environmental infringement often brings about huge compensation,facing this,if let the companies take all of the responsibilities,almost every ones would be bankrupt ,If that happened,on one hand, people's legal right can't be protected,on the other hand,the law will be invalid. In consequence,society will be out of orders,conflicts will be worse,and the reputation of law will be ruined.So,the establishment of environmental liability insurance protects the citizen's environmental rights and law's fame.(2)To public,environmental liability insurance is beneficial to the protection of Citizen's environmental rights .As time going,with the badness of worldwide environmental pollution,the senses of law and environment of citizens are also increasing .With the enhancement ofenvironmental sense,people are more and more paying attention on their environmental rights.Consequently, sues against environmental infringement are increasing as well. But the victims,especially as individuals,are suffering from the torture in the cases .Without enough money and energy,they are not able to fight against the polluter in a long time,so they can't get enough or immediate compensation usually In this occasion,the victims can't protect themselves as well as avoid of suffering from the sues ,Fortunately, environmental liability insurance. Can prevent the will-be victims from the torture,and get the compensation as soon as possible.(3)To companies,environmental liability insurance is beneficial t0 the security of market main roles The companies,as the main role ofmarket,are unavoidable of the happen of various accidents during the production,selling,and consumption.To a company,accident,especially sudden environmental pollution accidents,are devastating. Meanwhile.the companies at'e exhausted at dealing with various potential accidents,so in the long run,the situation is bad for the companies'development To the companies,environmental liability insurance is quite a body-guard.The establishment of environmental liability insurance is also beneficial to the improvement of market itself.According to the rule of value.The allocation of resources origins from the companies'reasonable anticipation ofinvest—repayment. In the market competition,companies have the rights to get in or out,so it's harder to the companies which have potential pollution chances to get into the market . It's disadvantage of the improvement of market system if there short of effective risk—transfer system. And this is why many countries forced the companies to make liability insurance on high-risk pollution items.Furthermore,to China, the establishment and improvement ofthe system ofenvironmental liability insurance are good for improving the condition of investment,and for the development of exportation As we all known,it's more obvious after China enter the WTO.(4)To insurance companies,environmental liability insurance is beneficial to The work and competition of them .After the entry of WTO,many foreign insurance companies are pouring into China which bring new challenges to the survival and development of china's insurance companies,If they can't meet the market needs in time,design neww effective insurance items, and connect with the world closely,they will lose in the future .Environmental liability insurance give chances to Chinese insurance companies.Environmental Liability Insurance System origins from the history as well as the development of human politics and economics society is an important way for environmental liability to realize socialization, and it's also a way to improve the development of social science and make social justice come true. After the Silent Spring attracted people's attention on the environmental protection, western developed countries paid more and more attention on issues of environmental protection.However, making and pursuing interests are the natural core of capitalism, which stop him from making the maximum economic interests, capitalist need to face the dilemma of dealing with the sues on environment damages. In order to settle the fights between the development of national economy and peoples rights of not suffering from the environmental damages, environmental liability insurance as a way of environmental tort relief turns up. The main aim of insurance company is making the maximum profits, so environmental liability insurance system also can't live alone. Under this circumstance, how to really role as the Bullet-proof vests means a lot to environmental liability insurance, and it needs we to analyze and research on many aspects from insurance model, category, range, fees to claims with the participation of government and follow the market rules. The author wants to study on the necessity and feasibility of environmental liability insurance in China's economy and society. Design the system of china's cnvironmental liability insurance,And wish to help the construction of Chinese modernization.