2012Journal of Chongqing Technology and Business UniversityRequires access

Environment Liability Insurance System:Interpretation from the Perspectives of Tort Law

Fanghui Lin

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Abstract

Environment liability insurance,which is one of the effective ways for the socialization of tort liability,has become eminent from the social risk sharing mechanism of environmental damage by depending on its unique advantage since it came into being.The system of environment liability insurance,which has solid legal foundation,challenges the traditional tort law severely and is spurring tort law to energetically adjust no-fault liability doctrine,the principle of causality presumption,the principle of incomplete compensation and so on,so that the growing problem of environmental tort can be solved.The system of environment liability insurance applies economic and legal control to environment tort,makes up the shortages of the existed legal systems on the protection of the environmental rights and interests and is of important legal significance.

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What this paper is about

Environment liability insurance,which is one of the effective ways for the socialization of tort liability,has become eminent from the social risk sharing mechanism of environmental damage by depending on its unique advantage since it came into being.The system of environment liability insurance,which has solid legal foundation,challenges the traditional tort law severely and is spurring tort law to energetically adjust no-fault liability doctrine,the principle of causality presumption,the principle of incomplete compensation and so on,so that the growing problem of environmental tort can be solved.The system of environment liability insurance applies economic and legal control to environment tort,makes up the shortages of the existed legal systems on the protection of the environmental rights and interests and is of important legal significance.

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Available abstract

Environment liability insurance,which is one of the effective ways for the socialization of tort liability,has become eminent from the social risk sharing mechanism of environmental damage by depending on its unique advantage since it came into being.The system of environment liability insurance,which has solid legal foundation,challenges the traditional tort law severely and is spurring tort law to energetically adjust no-fault liability doctrine,the principle of causality presumption,the principle of incomplete compensation and so on,so that the growing problem of environmental tort can be solved.The system of environment liability insurance applies economic and legal control to environment tort,makes up the shortages of the existed legal systems on the protection of the environmental rights and interests and is of important legal significance.

Key concepts: Tort, Strict liability, Liability insurance, Presumption, Joint and several liability, Delict, Legal liability, Business

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