Study On The Legal System Of Environmental Liability Insurance

Since the turn of the20th century, along with industrialization, promoting large-scale urbanization and the rapid economic development, environmental problems in the world within the increasingly serious environmental violations are soaring. The harm caused by environmental pollution and ecological destruction and its relief has become a critical social issue. Environmental insurance become inevitably an important system to protect the public interest and to protect the interests of the parties by the Environmental Tort. Environmental liability insurance is one of the effective ways to solve this problem by way of the socialization of risk. On the one hand it can help victims receive timely, effective and adequate remedy. On the other hand, It makes infringement businesses afford reasonable responsibility for the damage they made. Then the company will not fall into bankruptcy because of the huge compensation. The academic world has recognized that the earliest introduction of environmental liability insurance mechanism is in the United States in the1960s. Subsequently, many other developed countries have adopted this system to cope with increasingly prominent post-war environmental problems which caused by rapid economic development. The system also greatly promoted by the development of citizens’ environmental rights theory. Governments and academia also recognized the importance of environmental issues related to the legal system. Many legal systems are confirmed by laws, such as the no-fault liability principle, a reversed burden of proof principle, causation presumption in environmental litigation areas of law. Exploration of environmental liability insurance system in also based on these theories. The academia focus increasingly on insurance models of environmental liability insurance, underwriting agencies, insurance coverage, insurance rates, types of insurance, prescription system, supervision and management of insurance, and the research become more deepen. The construction of environmental liability insurance system in China is only less than a decade. The current theoretical research is focusing on how to establish a good environment liability insurance system. But we should also handle the current problem based on the stage of development of economic transition. This thesis focuses on the above system which is key point to build the system, and is intended to contribute to the theoretical study of China’s environmental liability insurance system.The full text will be divided into four sections to be discussed. First, it discusses the basic theory of environmental liability insurance system and introduces the environmental liability insurance system’s economics, law, ethics, sociology foundation, then summarizes the system characteristics. Secondly, the thesis introduces the legislation and implementation of the status quo of China’s environmental liability insurance system and summarizes the advantages and disadvantages of which exist in the implementation. Thirdly, it introduces the legislation and practice of the status quo of the foreign environmental liability insurance system, aiming at to show the development of international environmental liability insurance system. Thus this thesis provides useful references for China’s development of environmental liability insurance system. Finally, the insurance model of environmental liability insurance underwriting institutions, insurance coverage, insurance types, insurance rate-determined basic theoretical issues were discussed in detail. Combining the status quo of China’s environmental liability insurance, the thesis brings forward further development the recommendations.