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Environmental Liability Insurance Legal System Studies

Author: DuZuoLei
Tutor: XiaoPeng
School: Ocean University of China
Course: International Law
Keywords: Environmental tort Environmental liability insurance Environmental insurance supervision
CLC: D922.68;F842.6
Type: Master's thesis
Year: 2010
Downloads: 93
Quote: 1
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Abstract


With the rapid development of the world economy, science and technology has become a decisive factor affecting economic development. Comprehensively promote the development of technology and the process of industrialization, although the growth of the international economy at an alarming rate, but at the same time, gradually increase the adverse effects of the international environment, the environment's ability to regulate itself overwhelmed, environmental pollution accident The frequency gradually increased pollution growing incidence of serious harm to human survival. Until the 1960s, the international community has only come to realize that only concerned with economic growth ignore the drawbacks of environmental protection, gradually started to increase environmental protection efforts, have enacted environmental Codex, the development of environmental protection measures. However, the complexity and seriousness of the consequences of environmental tort decision difficult for humans to restitution, in the short term the tortfeasor is difficult to afford the huge liability caused environmental pollution accident outbreak. Moreover, violations of environmental tort liability is likely to be fully in accordance with national environmental standards, environmental tort cumulative latent characteristics, long-term pollutant emissions standard is still able to lead to the outbreak of large-scale environmental pollution accident, against third the legitimate rights and interests of the people, bring on the personal and property damage to a third party. Conflict mediation environmental infringement dispute between the parties, the need for a both timely measures in place to ensure that victims of huge compensation payments, but also to ensure the tortfeasor liable for damages will still be able to continue to operate and continue to develop the field of economy. Environmental liability insurance system came into being. Many countries have already set up the system, and summarizes the number of mature experience. China in the 1990s have also apply through the system at a standstill phase, but due to various reasons. Today, China is in a period of high environmental pollution accident, again for the system to adjust the environment infringement, in addition to learn from international experience, more should be read in conjunction with our own specific national conditions, to avoid the drawbacks of the last again, the development suited to China practice application of environmental liability insurance system. In this paper, the analysis of liability insurance, environmental liability insurance connotation; introduction and comparison of environmental liability insurance system in the international development process and mode of application, to build China's environmental liability insurance through the development of the cause of environmental liability insurance inquiry; specific recommendations when the system expected again for environmental liability insurance system of our country, this paper can provide theoretical support for a reference value. To build China's environmental liability insurance system, addition to the formal recognition of their legal status, the establishment of sound environmental liability insurance system, for example, to develop a reasonable distinction premium rate, set up a special environmental liability insurance underwriting institutions, the establishment of specialized environmental responsibility to insurance regulators, can not relax on the specific situation of China's economic development, sewage capacity of enterprises to take into account, according to different situations using different means to establish stronger applicability to attract public voluntary environmental liability insurance system.

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CLC: > Economic > Fiscal, monetary > Insurance > China's insurance industry > Various types of insurance
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