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Researching On The Environmental Liability Insurance System Of China Under The Direction Of Eco-justice

Posted on:2011-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:W LiFull Text:PDF
GTID:2189360308469165Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Ecological Justice,also known as environmental justice,is to follow the principles of justice,to coordinate human,and the relationship between man and nature. Ecological Justice emphasizes the natural human services as well as the existence and development of nature itself. It considers not only the interests of humanity,but other biological interest.As a guide building a harmonious society must be based on ecological justice.However,there is also a large number of ecological injustice phenomena, such as the lack of timely victim's compensation,the injustice of enterprises assume responsibility and the neglect of the restoration of ecological environment and so on. The emergence of eco-injustice contradict the contemporary rule of law, particularly the development trend, which must be corrected. While under the concept of ecological justice, environmental liability insurance is the good remedy of the current situation of ecological injustice.The system of environmental liability insurance that is normally understood as in accordance with the provisions of relevant laws or agreements,policy-holder should pay a certain amount to the insurance premiums, thus, when the insured person engaged in business activities which led to environmental pollution and shall bear the compensation and governance environment responsibility, the responsibility of the insurer within the agreed third party civil liability insurance of an insurance system. The value of the system lies in the environment through the protection of public interest, transferred and distributed enterprise environment, risks to achieve and maintain the field of environmental justice violations.Good system must be standardized operated reasonablely can the effectiveness of its environmental liability insurance system be fufilled.On China's current environmental liability insurance system, in the basic system design and operation of process problems, in its analysis of the causes of the made on the basis of scientific and effective solution for building a socialist legal system with Chinese characteristics, building a harmonious society and realizing ecological justice plays an important role. Under the concept of ecological justice,to combined the theory and practice from domestic and abroad,on the whole it could be improved and breakthroughed by the perfection of the relevant laws, the construction of the basie system and supporting mechanisms then to achieve eco-justice as a core value of environmental liability insurance system.
Keywords/Search Tags:eco-justice, environmental tort, environmental liability, environmental liability insurance
PDF Full Text Request
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