On The Environmental Liability Insurance

Brought by the industrial production, the environmental pollution and the ecological damage have been nibbling the human civilization to death. Facing the serious environmental crisis, people have to focus on how to solve the dispute of environmental tort. However, there is no ready solution now, because the traditional theories of tort law have many defects when we use them to solve the dispute of environmental tort. On one hand, these theories hinder the injured person to get full compensation timely; on the other hand, high compensation set enterprises into difficult situation and even bankruptcy. This will not only deepen the conflict between the infringer and the victim, but also could make many works unemployed which would cause instability of society. Owing to the serious situation of the environmental crisis and the inability of the existing legal system additionally, people have to seek a new system to regulate people's behaviors. For that reason, the liability insurance system is introduced into the environmental field.The object of liability insurance is the damage compensation liability to a third party for which the insurant should be responsible according to the legal system. In the same way, the environmental liability insurance takes the environmental damage compensation liability as an object to achieve socialization of risk-sharing and damage-fulfillment. Meanwhile, it can not only protect people's environmental rights, but also can safeguard the dignity of the law, promoting social stability and economic security. Furthermore, owing to its incentive function for protecting the environment, the environmental liability insurance promotes the environmental protection and could achieve sustainable development finally.Recently, on the contrary of mature environmental liability insurance system in many western countries, this system is almost a blank theoretically and practically in China. Therefore, it is necessary to study on this system. Always adhere to linking theory with practice, the author use six parts as follows to study on the environmental liability insurance system:The first part is an introduction, clarifying some basic concepts of the environmental liability insurance system. The next four parts respectively are the summary of environmental liability insurance system, rational thinking on it, its difficult situation in China, and improvement measures of this system. These four parts form the main part of this article, linking by a logical line. The last part is a conclusion which is a miniature of the whole paper.