Study On Constructing Legal System Of Environmental Liability Insurance

With the gradual rising of large-scale industry, the environmental torts which spread to all corners of the world become worse and worse after the Industrial Revolution in the West. Environmental pollution caused by great accidental pollution events and persistent pollution events, often creates very serious personal injuries, property losses and eco-environmental damages.The bad influences brought about by them to people's life security and social stability can't recover in a short time. The development of modern rule of law promotes most legal states to make relevant legal norm about responsibility taking of environmental tort persons. A lot of producers propose the vision of transferring operational risk, who base on the industrial production's "legitimacy of value" of promoting economic development, although the application of "The personal is responsible for his pollution" supplies a certain amount of compensation for victims. And then the socialization issues of civil liability of environmental tort emerge as the times require. Reform and open policy as if injects a cardiac to China's economic development. While rapid expansion of the scale of socio-economic in China, the enterprises of pollution discharging can't afford the payments and funds of pollution restoration. The government had to make up for related losses caused by emergency rescue and some great pollution events with funds. The method has brought not only enormous and unpredictable pressure, but also can't guarantee legitimacy, stability and sustainability of compensation. The socialization issues of civil liability of environmental tort should be put on the agenda to attract attention of entire social.The environmental tort's own character which different from general civil tort causes the problem of undertaking responsibility of environmental tort. And the environmental tort's constitutive requirements which different from general civil tort causes the responsibility of environmental tort must choose the path of the community. Besides environmental liability insurance, the state helping, the financial assurance or guarantee, the public compensation fund, social security, and the environmental compensation made by international treaties or conventions all have shortcomings and disadvantages which are difficult to overcome. In contrast, environmental liability insurance is the best socializing way and choice to undertake the civil responsibilities of environmental torts because of damage relief function, environmental assessment function and promoting sustainable development function. The socialization of the civil responsibilities of environmental torts should avoid making all socializing ways to pay attention to all sides of a matter and advance side by side.China's environmental liability insurance has just started, the related academic research and practical experience are quite lacking. We should learn from foreign experience and combined with the characteristics of China to develop environmental liability insurance, the most important is to legislate specially for environmental liability insurance. Construction of the legal system for environmental liability insurance is very important to alleviate businesses'burdens and government's environmental stresses, balance the conflicts of laws, protect citizen's environmental rights and expanse the market of environmental liability insurance. And the rising of environmental torts'socialization theory, the rich materials of experimentation around the country, existing relevant legal systems and government's great notice provide strong supports to China's legislation of environmental liability insurance.The legislative level of environmental liability insurance should locate in accordance with the development stage of environmental liability insurance. Environmental liability insurance law should aim to protect the interests of environmental tort victims and security of entire natural environment, promote sustainable development and the construction of environment-friendly society. The principle of insurable interest, the principle of good faith, the principle of indemnity and the principle of protecting preferentially the third party which contained in the liability insurance law should combine practically with environmental liability insurance to direct environmental liability insurance contact. The main contents of environmental liability insurance law should include insurance forms, insurance organizations and insurance type's design, premium rate's setting and the aging of claim and so on.