Environmental Liability Insurance In The Environmental Infringing Succor

In recent years, environmental problems has become increasingly prominent in China,consequently it has caused frequent occurrence of environmental violations. The damagecaused by environmental tort has its own characteristics, which means that the damage isquite different from other violations against the victims’ rights, therefore, our traditional tortremedies in the relief of environmental tort damage appeared to be inadequate, and theenvironmental liability insurance as a way of a relief is imperative. With the frequentappearance of environmental violations and the serious shortcomings in the environmentalinfringing succor as its background, this study will carried out on the basis of the importanceof environmental liability insurance on environmental tort relief, the author finally will findout the existed problems in China’s environmental liability insurance system and try to makesome recommendations to address these issues. The main purpose of these recommendationsis to provide relevant references for the improvement of China’s environmental liabilityinsurance system, thereby improving China’s environmental tort relief system, promoting thebuilding of a harmonious society in China, and promoting the harmonious developmentbetween man and nature. The innovation of this paper lies in two aspects: the theoretical basisof the environmental rights and the foundation of the assess institutions for the environmentalresponsibility during the improvement of the environmental liability insurance system inChina. In this paper we do not focus merely on the system of environmental liabilityinsurance, but on the violations of environmental rights without tort. Based on assessment tothose enterprises with potential risk of environmental liability, we will determine the principalfor the liability insurance and the liability insurance rate etc.This article is divided into six chapters to discuss the need of environmental liabilityinsurance as a way of environmental tort remedy. The first chapter introduced the backgroundof this study, which includes the status quo of China’s research on environmental tort, thetheoretical basis, and the research status on this thesis both in China and abroad. The secondchapter discussed the theory basis on environmental rights and environmental tort. During the discourse of environmental rights, the author believe that the concept of environmental rightsshould be limited to the legal level, rather than from the perspective of the natural ecology, healso believe that the main body of this concept should be those humane bodies, but notincluding the natural body and future generations. These discussions paved the way for thetheory of environmental liability insurance. The third chapter discussed the traditionalenvironmental infringing succor, and mainly discussed the legal relief and private relief, anoverview of public law remedies and private law remedies is also proposed in this chapter.The last three chapters mainly studied the environmental liability insurance system. Firstly,all of the elements and characteristics of the environmental liability insurance system werediscussed, and the author reached the conclusion that the environmental liability insurancehas the advantages that other remedies can not play. Secondly, through the description ofChina’s two environmental liabilities insurance pilot work, the author summed up theproblems during China’s environmental liability insurance. Finally, recommendations to solvethe problems in China’s environmental liability insurance system were put forward. Throughthe improvement of environmental tort relief system, we could do better job to protect theenvironmental rights of our citizens, enterprises and institutions.