The Research On Legal Issues Of Environmental Liability Insurance

Along with the deep going of the process of reform and opening up, China has achieved remarkable results in economic development,the industrialization also has been greatly improved. Meanwhile, the pollution problem has become more and more serious, malignant pollution accidents which occur frequently have brought great damage, not only to people's life and property,but also to the ecological environment.It has become an important factor which constrains the development of the economic and social sustained,rapid and healthy. Malignant pollution accidents cause huge compensation for environment damage and management that no tort person can afford,the only result waitting for them is bankrupt.The environmental liability insurance is a up-to-date development of the risk of social responsibility principle in the field of environmental torts,it is the model which the liability insurance system and the environment tort damage system combining,it is also an effective way to deal with the increasingly serious environmental situation in China. It concentrates the money laundering of the general holders through the effective social insurance risks relief mechanism which provided a powerful financial support for the compensation of environment damage and management. The enterprise only need to pay a certain amount of premium, then the huge risk of environmental damagement could be onto the insurers,and eventually spread to every potential polluters.The environmental liability insurance whose types and scope of insurance coverage are very limited is still in its initial stage in China.The science of environmental liability insurance has been held to a certain extent in theory, but it is far from enough in breadth and depth and far from establishing a perfectful and systematic environmental liability insurance system,and a specific and feasible system is barely mentioned. The purpose of this article is to build a complete systematic and feasibility environment liability insurance system on the foundation of oversea's mature experience and based on the special national conditions which our country faces.This paper is divided into five major sections, the first is the introduction of the basic concepts of environmental liability insurance for the further elaboration below,which is from the liability insurance system to the definition and characteristic of environmental liability insurance. The second part elaborates the social-philosophy and legal basis of the environmental liability insurance,which provides a theoretical basis for the construction of the environmental liability insurance system. The third part is the analysis of feasibility of establishing an environmental liability insurance system from both necessity and feasibility in China's special national conditions. The fourth part focuses on the development of foreign environmental liability insurance system, we can get the experiences and lessons of various countries through comparisons. Finally, this article result of the building of China's environmental liability insurance system and the detailed design of the system to construct a preliminary environmental liability insurance system with Chinese characteristics.