Research On The Dilemma And Countermeasures Of Environmental Pollution Liability Insurance System

Environmental tort is different from general tort.Its infringements are extensive and the consequences are serious.Therefore,the rights of the related victims often cannot be well relieved.Considering the risk sharing and risk transfer,the environmental pollution insurance system has effectively solved the current plight of environmental tort.As a special type of insurance,environmental pollution liability insurance has dual functions of environmental tort compensation and social relief.It can play a beneficial role in torts,victims and other stakeholders of environmental tort.With the continuous development of industrial society,environmental pollution is becoming more and more serious.Establishing and improving the liability insurance system of environmental pollution can effectively compensate for the infringers'compensation for environmental tort damages,and alleviate the enormous pressure of the government in the process of environmental supervision.The main function of the environmental pollution liability insurance system is to take the insurance company instead of the infringer to compensate the injured party when the environmental tort occurs,so that the victim can get timely relief.At present,the legal origin of China's environmental pollution liability insurance system is mainly the normative documents of international treaties and domestic laws,such as a few general provisions,administrative regulations and local regulations.But the system of environmental pollution liability insurance has not yet formed a unified whole.So in the use of mature theories of other countries related to environmental pollution liability insurance and rich practical experience on the basis of the legal status and actual situation,combined with China's current environmental tort,explore the establishment and perfection of the system of environmental pollution liability insurance system.The results enrich the theory of comprehensive domestic and foreign scholars on the environmental pollution liability insurance system,combined with the maturity of the foreign legal system,to establish and improve China's environmental pollution liability insurance system must be clear in two important aspects,the first is the coverage should include "progressive,the accumulation of environmental accidents";the second is and insurance mode should determine the scope of compulsory liability insurance,and adopt the combination of compulsory and arbitrary liability insurance mode.The scope of insurance and the mode of insurance are the core of establishing and improving the system of liability insurance for environmental pollution.We must make clear provisions in order to make the insurance system play the most effective role to solve the problem of environmental tort liability in reality.