Environmental Liability Insurance Legal System Studies

With the rapid development of world economy, science and technology are becoming to the decisive factors of economic development. Although the technology development and the pushed forward industrialization process are making the international economy increasing at an alarming rate, meanwhile, they gradually increase the adverse effects on the international environment; make the environment overwhelmed; increase the frequency of environmental pollution accident; and cause the pollution incidents against human survival one after another. Until the 1960's, the international community come to realize the abuses in ignoring the environmental protection. They have gradually started to increase environmental protection efforts; have promulgated codes and measures of environmental protection.However, the complexity and the serious consequences of environmental violations determine that when it break out, its damage is beyond the human's ability to restitute, and the violator is hardly able to bear the huge liability. Moreover, the violators may follow the national environmental standards, and the environmental violations may caused by legal behavior, but the cumulative long-term environmental violations could still lead to the outbreak of large-scale environmental pollution accident, could also violate other people's legitimate rights and interests. Therefore, we need measures that can not only guarantee the compensation payment is paid in time, but also ensure that after the violators fulfill his tort liability, he still can go on with his business, the economy is still developing. Environmental liability insurance system came into being.Many countries have set up the system, and summarize a number of mature experiences. In 1990's, our country had also been applied to the environmental liability insurance system, but it came to a standstill for various reasons. Now China is in the high incidence of environmental pollution accident, when we use this system once again, we should draw on the international experience, and combine with our own specific national conditions to void the recurrence of the previous drawbacks. We should adjust the environmental liability insurance system to China practical.By analyzing the meaning of liability insurance and environmental liability insurance; by researching on the reasons of the development of environmental liability insurance; and by introducing and comparing the histories and forms of the international environmental liability insurance system, the author wants to provide a theoretical support, while we starts to use this system this time.To build our country's environmental liability insurance system, we should provide it a formal legal recognition at first. Then we need to build a propel system, such as developing a reasonable premium rate by differential situations; setting up professional environmental liability insurance organizations and administrations that can inspect all matters about environmental liability insurance. We should also give considerations to the specific situations about our economic development and the environmental violators'capacity of compensation. We should establish a suitable, high applicability environmental liability insurance system that can attract the public to volunteer.