A Study On The Legal System Of Ecological Liability Insurance In China

With the rapid development of the human society economy, our physicalqualityoflife has been significantly improved, but on the other hand, seriousecologicalproblems were caused by excessive development and unreasonable utilization, which made the “How to solve the ecological damage” transfer from an initial predictive problem to a realistic problem. The main method to share the responsibility of ecological damage is socialization, which also generates the ecological liability insurance. Combining the ecological damage with insurance is not only the need to maintain ecological safety and promote the comprehensive and coordinated development of economy, society and ecological environment, but the need to build a harmonious society as well as adapt to global conservation. This article is based on such purpose and hopes to provide some useful thinking for the development of our country's legal system of eco-liability insurance.This paper is divided into five parts and the main contents of each part are:In the first part, the insurability of the ecological damage risks is analyzed. It points out that the risks of ecological damage are pure ones which are uncertain and the damages are measurable, fitting the element of insurability, which is the basis of ecological liability insurance system construction. The second part analyzes the meaning of ecological liability insurance legal system. It is believed to be the insurance in which they should bear the liability for damage or reestablishment, due to the insured's accidental or unintentional behaviors causing certain degree of damage to ecological system and according to the law. It shows commonweal and the leading character of the government, the limit of compensation, particularity of the standards, and the contents are specific, as well as the compensating main body is replaceable. In the third part, the necessity of setting ecological liability insurance is put forward from the aspects of the protection of eco-secure, maintaining of public rights and the stability of enterprises. It points out the feasibility of setting liability insurance based on the theories, market requirement and policy guarantee. The forth part, based on a comparative analysis of the ecological extraterritorial liability insurance covering the legal system mode selection, according to the level of economic and ecological status of our country, puts forward that our country should set a progressive mode of forced liability insurance, supplemented with optional insurance. In the last part, this paper provides some regulations to our country's ecological liability insurance legal system contract, including the basic principles, the subject and object of the contract, premium rate, the scope of insurance and the determination of the claim mechanism, etc., trying to overcome the limitations of ecological liability insurance system itself, and to better play the ecological liability insurance risk diversification, repair the damage and protect the ecological function.