Study On The System Of Liability Insurance Of Environmental Tort

With the rapid development of industrialization, urbanization and economy, the global environmental problems become more and more serious. The accident contaminating brings extremely large loss for suffers'person and property. According to the principle of the person who contaminates is responsible, contaminate person should undertake compensative responsibility. But pollution can not be avoided in modern production, even enterprise produces in the light of environmental protection standard, it may also bring about damage to others. The environment infringers always face bankruptcy because of the huge environmental indemnity. This not only doesn't conductive to the maintenance of socio-economic sustained development, but also the reality of enterprises unable to full compensate makes the victim's legitimate rights and interests can not get timely and effective protection. This requires us to establish a system, which can make enterprise spread risks, and protect the legitimate rights and interests of citizens. The system of liability insurances of environmental tort is one of the effectual methods which by scatter about the risk to the community to solve the compensations about environmental impairment. It makes the environmental indemnity duty of the business enterprise share with society, and has advantages of accelerating economic development and maintaining social stability, etc. We should create the system of liability insurances of environmental tort which is in line with state systems of our country. It will play an important role in perfecting China's system of compensation for damage of environmental tort, promoting economic development and in safeguarding the environmental right of citizens. This text is divided into four parts to have a relatively comprehensive analysis and research on the system of liability insurances of environmental tort for its basic problems. Part one describes the summary of the system of liability insurances of environmental tort. In this section, it discusses the history of the system of liability insurances of environmental tort, and analyzes its contents and characteristics, then defines its nature. Firstly, it points out that the liability insurances of environmental tort, which is one kind of liability insurance, emerging after liability insurance. With the rapid develop of economic, environmental issues become more and more serious, and then the liability insurances of environmental tort appeared. So far, there is not real sense of the system of liability insurance of environmental tort established in our country, though the environmental issues are very serious. Then it has summarized the definition of the liability insurances of environmental tort on the basis of having an analysis of the concept of the liability insurance. The liability insurances of environmental tort is a kind of absolute liability insurance, which regards the cost, caused by the insured person who should bear civil liability and environmental governance responsibilities because of caused damage to a third party for violating the environmental law, as the subject matter of insurance, and for the purpose of promoting the development of economic, as well as relieving the victims timely. Then this thesis discusses the characteristics of liability insurances of environmental tort briefly. It is considered as nonprofit and more mandatory. In addition, the government needs to provide some support because of its greater operational risks. Finally, the paper defines the nature of liability insurances of environmental tort. First and foremost, it should be consider as a kind of property insurance. Specifically, the liability insurances of environmental tort which was caused by sudden environmental violations should be treated as a commercial insurance, and the liability insurances of environmental tort which was caused by the cumulative environmental violations should be viewed as an insurance policy.Part two describes the theoretical basis from three aspects emphatically, such as the principle of tort liability, the principle of social responsibility, the principle of the insurance interests, to construct the system of liability insurances of environmental tort. The development of modern socio-economic and technological promotes the development of the principles of tort liability, leading to the establishment of the principle of no-fault liability. Then in the field of environmental tort replaces the principle of the responsibility. The principle of no-fault liability applies more and more scopes prompts the development of liability insurances of environmental tort. The traditional tort law, stressed that undertakes the responsibility personally by the right infringement, but it is difficulty to realize society's fair justice if we pay great attention to the personal liability, because of the characteristic of environmental tort. Therefore, it needs to realize the environmental damage socialization, and the system of liability insurances of environmental tort is one of the effective ways to achieve this goal. As one system of insurance, the system of liability insurances of environmental tort must conform to the basic principle of law of insurance, in which most important is the principle of insurance interest. The insurance interest, which is called guarantee benefit either, meaning that the insurer has benefit acknowledged by the law to the insurance sign. In the liability insurances of environmental tort, the insured enjoys the insurance interest to the insurance sign, conforming to the principle of insurance interest.Part three analyzes the necessity of constructing the system of liability insurances of environmental tort. A new legal system in China needs not only have some of the theoretical foundation, but also needs to have certain realistic foundation. First, it introduces the status quo of he system of liability insurances of environmental tort, from the insurance practice, as well as relevant legislation both in our country. The status quo provides reference reality basis to formulate the system of liability insurances of environmental tort, which suits to China's national conditions. Then this thesis elaborates the significance if we construct the system of liability insurances of environmental tort. It contains four parts either. Firstly, for the purpose of reducing the pressure on the environment, we should increase the participation of the main to control environmental pollution. Secondly, promote eco-economic development, and maintain social order and stability. Thirdly, sewage enterprises avoid risks, and transfer the loss. Fourthly, protect the public's environmental rights and interests, as well as safeguard the dignity of the law. It proves that we need to construct the system of liability insurances of environmental tort in our country in view of these positive significances.Part four describes the speculation of the system of liability insurances of environmental tort from macro considerations and specific contents. The paper says that after more than 50 years of development, foreign environmental protection act has already formed a complete legal system about the protection of natural resources and environmental pollution control. In addition, the system of liability insurances of environmental tort becomes more and more maturely. Therefore, this part has a study on legislative model about the system of liability insurances of environmental tort abroad. Then it points out that China's legislative mode should suit its national conditions and on the basis of critically absorption abroad. After that, the paper elaborates the specific contents about the system of liability insurances of environmental tort mainly from eight parts. First, the victims have direct request to the insurer. Second, establish the insurance agencies scientifically. Third, adhere to set insurance liability limits strictly and the loss of all the victims with claims. Fourth, determine insurance rates scientifically. Fifth, define the role of insurance strictly and make the exclusions clearly. Sixth, define claim limitation of the system of liability insurances of environmental tort. Seventh, integrate the establishment of a public fund of the insurance and re-insurance system. Eighth, define coverage reasonably.