Research On System Of Environment Liability Insurance

Since the 20th century, with the rapid development of industrialization, urbanization and economy, the environmental problems become increasingly serious in all over the world, and related infringement on environmental rights and interests also increased accordingly. The environmental infringement phenomenon that caused by environment pollution and destroy of ecology and the remedy of it will become a great social problem in our society.The environment liability insurance is one of the effective ways to solve the question through socializing the responsibility. On the one hand,it helps the victim obtain the effective relief promptly; on the other hand, it makes the infringement enterprise undertake the reasonable responsibility for the harm it causes, so that the enterprise will not falls into the bankruptcy because of the large amount compensation. However, the system of environment liability insurance is at the blank basically, and the academic research obviously is insufficient in our country at present. Therefore, utilizing the research techniques such as the historical analysis, the comparative analysis and so on, firstly this thesis analyses and elaborates the connotation,the necessity and the feasibility of the environment liability insurance quite systematically, which is the foundation and the start point of the research. Secondly, the theory cornerstone, the relation between the environment liability insurance and infringement law, and the legal significance are discussed, which explains the theory foundation to establish the system of environment liability insurance system. Thirdly, the theory and practice of environment liability insurance overseas are reviewed diffusely, and after the meticulous pondering the thesis preliminarily analyses and appraises the characteristic , the excellence and the defect of the various countries' environment liability insurance system, so that the beneficial reference is provided to establish the environment liability insurance system in our country. Finally, basing on analyzing the problem and its reason existing in the expansion of environment liability insurance in our country, the system of environment liability insurance is established from the design of its internal system to the optimization of its exterior circumstance, which is expected to make full exertion of its risk-dispersed and loss-assimilated function, so that the victim's legitimate rights and interests can be defended.