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The ecological damage compensation liability insurance system

Author: SangPing
Tutor: QiHaiMing
School: Kunming University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Ecology Ecological damage Liability Insurance
CLC: F842.6
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 0
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Abstract


Ecological damage following environmental rules because there is no more than the rate of environmental carrying human production and life practice development, use of the environment, leading to mankind's survival of the ecological environment as a whole, or more than one part of the interaction of the final form of environmental functions serious changed. At present, China has entered a period of high environmental pollution accident, mainly from the excessive consumption of resources and environmental vandalism, this also means that we have to be established as soon as possible ecological damage compensation liability insurance system. Ecological damage compensation liability insurance liability insurance, liability insurance is formed through the development of a new class of insurance. Ecological damage compensation liability insurance as environmental damage compensation liability socialized a way to make up for lack of timely and effective compensation for defects in the traditional civil compensation system has been widespread in the theory and practice of national legislation and environmental attention. Ecological damages insurance business carried out by the insurance companies from Western developed countries, mainly divided into two categories: one for general corporate liability for environmental damage insurance; relative to the professional environmental design, consulting, service, engineering such as the company's environmental insurance. Insurance practitioners in China in the 1990s there have pollution liability insurance, the city is the first in China to create a pollution liability insurance Dalian. Subsequently, other cities also has launched a pilot pollution liability insurance. The starting point of this study is to marine ecological compensation system in the legal text and research results as well as ecological compensation of the relevant information, and from other countries ecological damage compensation liability insurance results and experience, understanding and analysis of the development of environmental insurance system in China the status quo, the final explore how to construct the actual suited to China's development of ecological damage compensation liability insurance system, the study has very important practical significance for China's ecological Liability Insurance. In this thesis, including five parts: The first part is to introduce the basic concepts of ecology, ecological environment, ecological damage, and ecological damage compensation liability insurance. In today's world, the ecological problems has been widespread concern. However, the definition of the concept of ecology, ecological damage, at the theoretical level, there is a lot of controversy, which has brought great difficulties to the practical level, the relevant clarification of the concept will be beneficial to the ecological damage compensation liability insurance system in practice development, so as to lay a solid foundation following the concept of ecological damage compensation liability insurance, characteristics. The second part introduces the necessity of ecological damage compensation liability insurance. Currently, the increasing destruction of the ecological environment has been a serious threat to people's production and business activities as well as the human living environment, to resolve social contradictions, the author of the efficiency of the legal value, globalization needs, scientific development inevitable requirement of our existing ecological damage in high-risk and other aspects to demonstrate the necessity of ecological damage compensation liability insurance system. The third part is the analysis of the characteristics of the ecological damage from research to come to the feasibility of ecological damage compensation liability insurance. Taking into account the ecological damage compensation liability insurance own characteristics, from the subject matter of the insurance, real feasibility analysis, and clearly envisaged the establishment of ecological damage compensation liability insurance is implemented. The fourth part of the foreign ecological damage compensation liability insurance system inspection. This section focuses on foreign ecological damage compensation liability insurance system development process, due to each country's basic national conditions of different countries in terms of ecological damage compensation liability insurance system formed a system in line with the country's own national conditions, formed a unique implementation mode. More typical are mainly three types: First, the United States as the representative of compulsory liability insurance system; Second, the United Kingdom on behalf of any liability insurance system; based on Germany's combination of insurance on behalf of mandatory liability insurance and financial assurance or guarantee the system. The fifth part is the legal basis for the introduction of ecological damage compensation liability insurance system, and the status of implementation of the ecological damage compensation liability insurance system analysis. To provide legal support for the improvement of the ecological damage compensation liability insurance system below. The sixth part is focused on analysis of the ecological damage compensation liability insurance coverage, insurance options, insurance content insurance coverage by insurance of the scope of key points to discuss in depth, the final draw of ecological damage compensation liability insurance should be chosen to build mode.

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