Study On Legal System Of Environment Insurance

In the modern society, the development of economic always follows with the destruction of environment and the consumption of resources. The infringed environmental right and its redress that caused by the environmental pollution and the destruction of ecology will become an important question that must be solved to promote the social development. The environment insurance is not only one kind of system about the substitute of infringed environmental right damaging compensatory system, but also has an important role in assessing the environment risk, supervising the environment risk, controlling the contamination. It is an important method to establish a new regular system of the environment risk. The environment insurance in western nations started earlier. The insured organization has experienced the process of insured by individual insurance company to insured by united insurance companies. It presents the tendency of unities unceasingly and the insured range expands unceasingly; The insurance pattern is enriching unceasingly, and the main performances are the compulsory insurance, "the compulsory insurance adding the voluntary insurance" and "the compulsory insurance adding the governmental instruction" and so on. However, in our country, the research on theory is less and only partial cities have carried on the attempt in the practice. Therefore, it is valuable to explore in both the theory and practice of environment insurance.The environment insurance breaks through the way of traditional redress of right infringement, and is a new method of environment risk regulation; its implementation cannot leave the government's participation and the support of correlative legal system. By taking comparative analysis to the domestic and foreign theory and practice of the environment insurance, this article proved the possibility and necessity to carry out environment insurance in our country, and educed its character (that is, containing commercial character and the political character, and proposing the pattern of "the trade firstly, the state investment secondly"). Especially, it emphasized the government's important role in the environment insurance and explored the way on consummating the legal system of environment insurance in our country.By utilizing the historical analysis, the comparative analysis, the valuable analysis and so on many kinds of research techniques, this article attempted to design a system pattern which not only suits our country's condition but also matches the correlative law...