On Environmental Liability Insurance

Since the 19th century, with the appearing and developing in succession of industrial revolution and new technical revolution, social economy is developed at full speed, the more centralized population is, life is fiercer in competition, the natural resources is exhausted gradually, this has brought social concerns , such as a series of environmental pollution , etc., people pay much attention on how to solve the difficult problem when people is damaged by the polluted environment. The main way for the infringer to bear civil liability is to compensate the damage. The environmental damage accident in modern society demonstrates four major characteristics: First , the cause activities are mostly legal of adapting to economic development that result harm; Second, the calamity that the accident causes is unusually enormous, victims are numerous; Third, the frequency happening in accident is relatively high; Fourth, accident happens mostly for high industrial technology defect, difficult in prevention, and the inflictor scarcely has fault subjectively. If the principle still be insisted on requiring full losses of the compensation, on one hand social fairness loses, on the other hand it may produce infringer to go bankrupt , and the victim can not get the compensation in time . The defect in civil system forces people to bring the insure mechanism, especially liability insurance system to the field, .. heading to solve the problem of lacking funds in the incidents of environmental violation which puzzles people for long time.Liability insurance refers to one which uses the compensation responsibility for insurance mark that the assured bears in accordance with the law , pay the insurance premium from the assured to insurer, theinsurer promises when the assured shoulder compensation responsibility to the third person, pay the variety of insurance of damages of the insurance to the assured according to the agreement of the contract of insurance, it has broken the circle of the traditional insurance business , combines civil liability and agreement responsibility with, have met the need of development of era. The environmental liability insurance is the application in the incidents of violation in environment right, it can solve the problem that the infringer is insufficient to victim's compensation ability , thus share environmental responsibility , realize social fair justice. The system is favorable to the social stability and will promote the sustained economic development.Undergoing long-term exploration, the western developed countries have already regarded system of the environmental liability insurance as an important way to solve environmental responsibility. But in our country, because of economic development being uneven, the legal system is uncomplete, in addition the responsibility insurance business starts relatively late, the environmental liability insurance is not still far as the western developed country. But don' t is it doubts to be to hold, and social civilization degree gradual to raise with of our country whole emergence of economic strength, the market needs a kind of system to solve the encroachment of right dispute of the environmental field urgently. This text will obey this train of thought , will try proceeding from basic theories of the environmental liability insurance, through analysing and researching the environmental liability insurance system of the western developed country, compare with the current situation of our country, state the necessity of setting up the system of environmental liability insurance, thus plan how to set up the system of environmental liability insurance rationally in our country.