A Study On Mandatory Liability Insurance System Of Environment Torts

Resource depletion has become a global topic because natural environment and ecological environment are increasingly suffered serious damage. The destruction of the environment threatens human survival environment and human have to pay a heavy price for it. In order to ensure the sustainable development of economy, governments on the one hand to strengthen Environmental Strategic Cooperation,on the other hand to encourage all walks of life and nation to make an effort to protect the ecological environments of human and to develop green economy. Our country is not an exception,China has been one of the world’s most polluted countries,and the environmental issues have seriously restricted the economic and social sustainable development. In this context,green insurance which can decentralize social risks and protect the interests of victims and the ecological environment came into being,then insurance law scholars, environmental law and civil law scholars begin to pay close attention to the green insurance and lucubrate the environmental liability insurance.Western countries have been practised the development of the liability insurance system of environment torts for decades, which providing reference for our country to develop our own liability insurance system of environment torts.On December4,2007, the former state environmental protection administration and the China insurance regulatory commission jointly issued 《Guidance on environmental pollution liability insurance work》,which requires those provinces and cities in serious environmental pollution,such as Hunan, Liaoning, Zhejiang, Yunnan and so on to carry out the environmental liability insurance’s pilot work, namely green insurance.But the pilot work makes slow progress,and have difficulty in taking a step.The reason is taking arbitrary liability insurance mode,coupled with the insurance coverage is not wide enough, while the premium is too high,and the insurance loss ratios is too low,so that the enterprises were not enthusiastic about it,and cannot achieve the purpose of the "green insurance".This paper is divided into four parts, In addition to the introduction of the environment background, the first part mainly elaborates the liability insurance of environmental tort basic theory, including the concept, characteristics and significance of mandatory liability insurance of environmental tort; The second part introduces the main body of mandatory liability insurance of environmental tort, from insurance, insurance institutions, third party the right to direct the request to introduce; The third part introduces the specific system design of the mandatory mandatory liability insurance of environmental tort,maily study the insurance coverage and the premium rate;The last part analyses several main problems in environmental mandatory liability insurance claims,such as extent of compensation, scope of exemption, time of validity of a claim, limit of liability and other issues.