On The Systems Of Environmental Liability Insurance

In order to contain the environmental pollution, more and more countries punishseverely to the inflictors, requiring them pay for the full losses of the compensation.Sometimes inflictors may bankrupt. The inflictors urgently need environmentalliability insurance.This article firstly analyzed the definition and the characteristic of theenvironmental liability insurance, pointed out that environmental liability insurance,which is one kind of liability insurance, may transfer risks to avoid bankruptcy ofcompanies causing pollution while providing effective remedies for the victims. It isone of the main ways of resolving relative disputes of environmental tort damage.Environmental liability insurance system must be established in China.The second chapter firstly analyzed the limitation of the tort law, pointed out thatthe law of torts, which develops with the society development,is not irrevocableunceasingly. The conflicts between environmental liability insurance and thetraditional law of torts showed that the law of torts must be changed. Theenvironmental liability insurance combines civil liability and agreementresponsibility with, develops No-fault liability, expands the scope and the domain ofthe tort liability, and is helpful for the law of torts.The second chapter secondly analyzed the relations between environmentalliability insurance system and the principles of insurance law and environment law,pointed out that environmental liability insurance does not break the principles ofinsurance law and environment law.The third chapter designed environmental liability insurance system in China,pointed out that environmental liability insurance in China must manage by thecommercial insurance company;may operate by two methods, by force or by free;may set up the marine environmental liability insurance, the nuclear catastrophe riskliability insurance, the water pollution liability insurance, the noise pollution liabilityinsurance and the electro-magnetic radiation pollution liability insurance.