The Establishment Of Environmental Liability Insurance System In China

Environmental liability insurance system is the outcome of environment damage responsibility risk socialization,It solves the environmental damage compensate problem using market mechanism's method,safeguards victim's legitimate rights and interests effectively and promptly,makes up victim's loss,scattered enterprise operational risk,urges the enterprise using the tariff release lever mechanism to strengthen the environment risk management,maintenance ecosystem balanced, promote resources sustainable use,Is advantageous in enterprise's health movement, maintenance society's stability,lightens government's burden,deficiency being able to make up general law of torts theory comparatively well,therefore its production and the development receive various countries day by day the value and the attention. Although the environmental liability insurance system has the very positive significance,present implements in our country is not optimistic,has not established with it necessary related system.Therefore,speeds up our country environmental liability insurance system's construction,is urgent need which the practical advancement environmental protection historicity transforms,is the environmental management and the market method organic synthesis beneficial attempt.This article plans through to the environmental liability insurance system's sketch, basic theory,various countries regarding the environmental liability insurance legislation and the judicial practice,our country's environmental liability insurance question and so on to look forward to being that our country structures and perfects environmental liability insurance with the constructive opinion.This article will divide into four parts to carry on the elaboration,the first part is the environmental liability insurance system's outline,the main introduction is environmental liability insurance's concept,the characteristic,produce with the development process,including may make up the environmental pollution victim's loss,prevent the government effectively and promptly to share the private power violation with all taxpayer's money and so on,causes the reader by the time to the environment liability insurance system's value;The second part is to the environmental liability insurance elementary theory research,including environmental liability insurance and between abuse of authority law relations as well as establish environmental liability insurance system's necessary research,this is the foundation which our country environment liability insurance system depends implements;In the third part to the Western major country environmental liability insurance system's production,the development practice carries on the comparative analysis,under the exploration various countries' different pattern's environmental liability insurance system in legislates and in the practice superiority and the insufficiency,in order to give help to our country's environmental liability insurance system's construction.;The fourth part introduced how the environmental liability insurance system's present situation which as well as develops in our country constructs the environmental liability insurance system for our country to make own tentative plan with the legislative suggestion.