Research On The Legal System Of Environmental Liability Insurance In China

Since the 20th century, along with the advancement of world urbanization and industrialization, more and more serious environmental problems have arisen. Especially when a serious environmental pollution accident happens, many enterprises face the huge pressure for compensation, which also easily leads to a result that the suffer third person can’t get the damage compensation in time. As a result, the environmental pollution caused by the tort has caused the social concern and attention. Soon the environmental liability insurance has become the effective mechanism to solve the environmental tort damages dilemma, giving full play to its "advance guard" and "afterwards compensation " role. On one hand, it can reduce the risk of the environmental pollution by ex ante risk screening. On the other hand, it provides a channel to spread the risk of pollution of the environment infringement and it also guarantees a suffer third person get compensated timely.America was recognized as the earliest country which setenvironmental liability insurance system in the 1960 s. After that many developed countries have set up with their own environmental institution, in order to cope withthe environmental pollution damages brought by the rapid economic development.The exploration of environmental liability insurance system of China is late, until in the 1990 s China began the pilot work in a few cities, but the market performance is not ideal. But in recent years our country face the situation of environmental pollution accident, damage increasing, which forced our government to try again. Under the joint efforts of the central and local governments, some pilot areas have proceed a lot.But from the overall, our country’s environmental liability insurance system is far from mature.The theory of insurance system, insurance rate, the scope of insurance coverage, insurance and other theoretical is still shallow. The government, enterprises and the insurance company lack a clear positioning of themselves. This article will start from the legal perspective, combined with practical experience both inside and outside domain, exploring on how to construct our country’s environmental liability insurance system.This article is divided into four chapters:The first chapter discusses the meanings and characteristics of the environmental liability insurance and its functions. As a third party liability insurance, environmental liability insurance is an effective method for the environmental tort risk socialization. The second chapter introduces the foreign countries of environmental liability insurance system, which could sum up useful experiences to our country.The third chapter discusses the present situation of environmental liability insurance system in China, summarizing the defects exist in our country environmental liability insurance system and the difficulties from the angle of legal system and practice pilot areas.The fourth chapter raises the recommendation on the basis of the actual fact of our country. The insurance model,the scope of insurance, insurance coverage and the insurancerateelements are the basic content, while the government, enterprises, insurance company and the third person are the implementer of our environmental liability insurance institutional system.At the same time, by building up the corresponding form a complete set of environmental liability insurance system, in order to promote the sustainable development of environmental liability insurance system in China.