Study Of Environmental Liability Insurance System

Environmental liability insurance is a special liability insurance which is according to the third party liability for the environmental damage or the environmental management responsibilities as the subject-matter insured.When the environment accident happened, the insurance company will need to be insured to pay the insurance to the victims or the insurants following the Insurance contract, beacause of the environmental tort liability or the environmental governance responsibilities of the insurants, in order to ensure that the third person can get timely and effectively compensation when the environment infringement occurred and ensure the damaged environment can get timely treatment, at the same time, environmental liability insurance can avoid the enterprise production be hindered by their huge economic compensation liabilities. Therefore, Environmental liability insurance system can help to unify the economic development and social stability. As one of the extremely important economic measures of the environmental protection, environmental liability insurance system is generally acceptable in China with some function of damage to fill, risk shifting, protect victims and the infringement.This paper which of the study of environmental liability insurance system is mainly use the method of law and economics, by analyzing the problems from externalities, Costs and benefits and Game theory, in order to discuss the enterprise, insurance institutions and government departments tripartite behavior choice during the environmental liability insurance system operation, on this basis, we will further discussion the root cause which lead to the current domestic market lacks effective demand and supply of environmental liability insurance, and the necessity and rationality of government intervention, and then to provide a theoretical support for the further development of China's environmental liability insurance system. On the analysis of environmental liability insurance system from the angle of law and economics is the key point and innovation point of this paper. Through the use of specific method of law and economics will contribute to draw a detailing and accurate conclusion, in the meanwhile it can give persons a kind of more intuitive and convincing reasons, then it can providing the more directional countermeasures and suggestions for the environmental liability insurance system consummation. Full text will be divided into four parts. Firstly ,the main discussion of the overview is to reveal what is the Environmental liability insurance. Based on the connotation of environmental liability insurance system, we can analysis its essences, characters and functions, in the meanwhie, we can analysis its causes of emerge, thus conclude the necessity conclusion. Secondly, through the introducion of domestic and foreign current status of legislation and practice of environmental liability insurance, we want to explain how does environmental liability insurance system developed, and On this basis Summed up some of the advantages and disadvantages , thus for the development of China's environmental liability insurance provide useful references. thirdly, Law and economics analysis of environmental liability insurance is the focus of this paper, it can explain why would appear afore-mentioned conditions, the law and economic analysis includ externality analysis,Cost benefit analysis and Game theory analysis; finally, to provide some suggestions for domestic environmental liability insurance's further devilopment, based on the analysis of Law and economics,useing one of the conclusion and according to the actual condition of domestic currently,these suggestions include perfect related legal system,perfect environmental liability insurance system and Strengthening the corresponding incentive mechanism. In addition to the four main parts,the Preface section is designed to lead to the source of the problem,and explain the research have practical significance and practical value.the closin section is a summary and outlook for the future.