Study Of Environmental Tort Liability Insurance, The Legal System

The emphasis of traditional environmental tort is on individualization of damage liability. While the socialization of environmental tort liability , whether in theory or in practice ,has been commonly concerned by many countries' civil law and environmental law ,because of the characteristics of environmental tort ,the spirit of modern law and the demand of sustained development. The legal relief system of the socialization of environmental tort liability has been established and perfected gradually in the western developed countries. The legal system of liability insurance of environmental tort, as one kind of legal systems of the socialization relief of environmental tort liability, has been applied and developed successfully in the western developed countries. It has been proved that the system has important roles whether to fill up the victims' damage or to develop economy, stabilize society and protect environment.This paper adopts many study methods, such as comparison method, literature method, fieldwork method, historical analyse and economic analyse method, and so on. First of all, it analyzes the characteristics of environmental tort, and thinks that no other than the characteristics of environmental tort determines the necessity of the produce of the socialization of environmental tort liability. The system of liability insurance of environmental tort which humors the objective need of the socialization of environmental tort liability is a feasible and effective legal safeguard system. Afterward it analyzes the correlation between the system of liability insurance of environmental tort and the civil legal relation of environmental tort, defines the concept, the characteristics and the function of legal system of liability insurance of environmental tort. On the basis of reviewing the historical evolution and present situation of liability insurance of environmental tort of western countries and summing up deeply the reason which causes Chinese present situation, considers that our country' s liability insurance of environmental tort should be established, in which compulsory insurances are primary and voluntary insurances are complement, and puts up corresponding legislative advices of our country' s liability insurance of environmental tort.The thesis studies mainly about the contract system, compensate system and reinsurance system in the legal system of liability insurance of environmental tort. In the contract system, the author discusses the concept, the characteristics, the subject, the object and the content of the contract system of liability insurance of environmental tort, and researches some important problems, such as the compensate scope, the liability limit and theinsurance cost, and so on. In the compensate system, the author study the insurance liability , The compensate liability and its bearing, the counterclaim and settlement of claims and the disposal of dissention of liability insurance of environmental tort. In the reinsurance system, the author mainly focuses on the concept and function, the reinsurance organization and the reinsurance contract of reinsurance system of environmental tort liability. In every study and discussion, the author brings forward corresponding countermeasures and advices.In conclusion ,the author summarizes the main fruit of this thesis, and puts forward the advices to establish our country' s legal system of liability insurance of environmental tort from the point of view of legislation, policy, method and measure.