Study on the construction of the legal system of environmental liability insurance in China
|Keywords||Environmental liability insurance Law system Total pattern International comparison Specific arrangement|
The environmental liability insurance law system is the outcome of themarket economy development. The environmental liability insurance law systemcan solve the compensations about environmental impairment through themethod of liability’s socialization, can compensate the loss of the victim promptlyand effectively, and can share the management risks of the enterprises as well.Meanwhile, it can provide legal basis for society stabilization, and lighten theburden on environment administration for government as well.This paper tries to explain the establishment of the environmental liabilityinsurance law system in our country. Firstly, this paper has started with theanalyzing of the basic principle of the environment liability insurance law system,to provide theory basis for the environmental liability insurance throughanalyzing its meaning, characteristics and function. Secondly, this paper hassummarized the advanced experience of each country about environmentalliability insurance, and has provided reference for perfection of theenvironmental liability insurance system in our country. We should protectenvironmental law and statute system firstly, and limit the scope of ForcedInsurance between Voluntary Insurance to put environmental liability insurancelaw system in effect, supervise enterprise from making appropriate measure ofenvironmental responsibility, strengthen the insurance company to takeprecautions against the environmental pollution. Thirdly, this paper hasanalyzed the total pattern of the environmental liability insurance law systemfrom characteristics of insurance business and the establishment of insurancerelations needs forced law or not. At last, this paper has put forward its ownopinions about perfection of the environmental liability insurance according tothe specific situation of our country.