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Environmental Tort Loss Of Commitment To Social And Environmental Liability Insurance In China System Build

Posted on:2006-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y F DingFull Text:PDF
GTID:2206360152985018Subject:Environment and Natural Resources Law
Abstract/Summary:PDF Full Text Request
In China, accompany with the economy development ,the dispute about environment infringement is more serious than before. The right of the numerous environments infringement victim could not be protected suitably. This dissertation focuses on the legal system of Chinese environmental torts relief. As the special of the environment infringement, the traditional torts law can't give the thoughtful protection to the victim. For this, the author think we must Surmount the traditional vision about torts, which confined in the partied, either undertaken by the injure or the victim". In other word, we must find a new road to solve this problem, which is the loss undertaken socialization. There are a few modes about loss undertaken socialization . But in these modes, the environment liability insurance has its own advantage relatively. After compares the mode of the environment liability insurance of the west, the author putting forward the design about the mechanism of Chinese environment liability insurance .The dissertation includes five chapter totally: Chapter one The speciality of the environment infringement In this chapter, the author discusses some prerequisite concept about environment infringement which are necessary to launch the study. Such as the concept of environment problem, torts, and environment infringement. After that, the author emphasized the different between the environment infringement with the other tort ,which is more complex than the other torts . Chapter two The imperfection about traditional environment torts law and loss undertaken socialization. This chapter discuss the imperfection about the traditional mechanism about environment infringement. Firstly, because traditional torts law follow the principle " individual freedom is the highest ", that apply the fault principle to keep the balance between parties'. But owe to the particularity of environment infringement, the victim`s right could not be protected in the environmental tort realm. Secondly, through the establishment of strict liability principle ,the modern torts law had revise the torts law. Thirdly, though torts law had been revised, however it could not protect the victim thoroughly. Because it can't improves the indemnification ability of the person who enforce the harm behave. So the torts law fall into the dilemma situation between the benefit of the victim and trespasser. Finally, the author introduce the mechanism of the loss undertaken socialization. Chapter Three The mechanism of the loss undertaken socialization in environment infringement . In this chapter, author firstly argument the rationality of the loss undertaken socialization in environment infringement . Which planting in the sociality attribute of the environment law. Then the author introduces four kinds of feasible mode about the mechanism of the loss undertaken socialization in environment infringement: the mode of government relieves, the mode of the fund, social insurance mode ,and liability insurance mode. Chapter Four Environmental liability insurance mode and its advantage This chapter, author talk about environment liability insurance concretely .The mechanism is prevalent in western developed country and developing vigorously. At first, the author discussed the specific way through which the insurance mechanism controls with environment risk, the relation between liability insurance and the torts law. Then, the author focus on the advantage of the environmental liability insurance mode, compared with the other mode of socializes mechanism. Chapter Five The speculation of Chinese environment liability insurance system. This chapter is the main part of the dissertation. In this chapter, author firstly argument the necessity to establish the environment liability insurance system in our country and the embarrassment China encounter during its practice. Secondly, theauthor bring forward the speculation of Chinese environment liability insurance system. Such as the management institution, insure mode, the systems of coverage. Finally, the author thinks any mechanism have its localization. And the environment liability insurance mechanism is no exception. So the author think the related system such as the special fund, Pools, Catastrophe Risk Securitization is necessary.
Keywords/Search Tags:Environment infringement, Mechanism of the loss undertaken socialization, Environment liability insurance
PDF Full Text Request
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