A Study Of Legal On Insurable Risk In Our Country Environmental Liability

The rapid developing of industry and economy in 1950s has create wealth at the expense of the environment, and China is repeating the same mistake. Administrative remedy is an important method to deal with environmental problem which has a character on passivity, such as suspending business for rectification and revoking license. However, this measures can’t compensate the victim on time, cannot relieve the government from financial pressure and can’t evade the risk on environmental pollution. This administrative method can’t make the accidental rate of environmental pollution decrease, and reduce the burden of the government neither. Environmental liability insurance can do a job with skill and ease on dealing with environmental problem. Through balancing the interests among comprises, government and victims, it provides a win-win situation. However, there are many problem such as liability insurance, the coverage is quite narrow, low rate of payment, high rate of insurance in China’s environmental liability insurance practice. Firstly, this paper analyses the concept of environmental risk and environmental liability insurance, point out the advantages of environmental liability insurance. And analyses the measures of environment pollution from public law and private law in China. Secondly, analyses the insurable risk on environmental liability insurance combine with the demand of insurable risk. Theoretically speaking, the factors can affect insurable risk on environment, include the existence of a lot of risk, predictable losses, the accidental loss, the causal relationship, joint liability, pollutants, moral hazard and reverse option. But reasonable exclusion clause, different rates, floating rate, deductible clause and distinguishing different risks can reduce the influence of the factors which are mentioned before. Lastly, though learning the experience on environment liability insurance from other countries give suggestions on what types of insurance should we have on environment liability insurance.