Establishing Environmental Liability Insurance Law System In China

In modern society, economy is often developed at the cost of sacrificing environment and consuming and wasting resources, which results in environmental damage whose characteristics are wide harmful scope, serious consequences and extensive social influences. Thus Environmental liability insurance (ELI) arises at the times demand in order to stop the serious consequences caused by environmental damage and coordinate and protect the interest of each aspect.Environmental liability insurance is also called the "green insurance." It is a newly formed type of liability insurance. ELI is established to mitigate, amortize, and compensate the harms caused by the insured to the third party. It is established to raise the environmental awareness of the insured and to deal with natural disasters and unexpected accidents. It is established to protect the third party and the public interest.ELI is based on the principle of no-fault and provides the basis for compensation. ELI arises because liability insurance is applied to the field of environmental damage. ELI is an integrated part of the liability insurance and it is an essential element of the liability insurance law system.Currently, ELI is still in its infancy in the western world. Environment liability principle gained huge progress with the establishment of citizen environment right theory, which brings the prosperity of ELI. In western countries, the main modes of the law system of ELI can be divided into three kinds. This thesis gives an objective introduction towards this through the point of contrast, and plans to serve for the law system of ELI of our country.This paper starts with the principle and concept of ELI and describes the basic law system for ELI. The description is focused on the concept, conceive, and development of ELI and their irreplaceable value in the development of a modern society. Through looking at the evolution of ELI and various modes of ELI in western countries, we propose an ELI system that is suitable to China.The establishment of an ELI law system needs the support from the government, and the required and non-required liability insurance just based on the support to finish. To discuss every detail of ELI law system in this construction, confirm the accept insurance which can adapt to the situation of our country, then design the insurance category according to accept insurance bound and study off the liability limitation for compensation prescribe the prescroption of the claim of environmental liability, all together come into being the self-contained ELI. Besides this, strengthen environment legislation and bring up excellent environmental protection practitioner are the objective need for ELI.To be emphasized, establishing other related law system is also necessary, besides strengthening ELI law system.