Constructing the Dynamic Relief System of Environmental Tort Based on Environmental Liability Insurance

Exploring the concept and features of environmental liability insurance and analyzing its environmental tort relief function lead to the conclusion: The transformation from corrective social justice to distributive justice is the prime reason for the promotion of the environmental liability insurance system;giving the third party the direct right to claim remedies is an important component of the environmental liability insurance system;and the establishment and development of the public compensation system is the necessary supplement of it.Based on this conclusion,in order to make sure that tort victims could get timely and effective relief,this paper constructed a dynamic system with environmental liability insurance as its core: the first layer is civil remedy,aiming at the torts,civil responsibility and the civil compensation;the second is the environmental liability insurance system,aiming at diffusing the polluters' liabilities for damages;and the third is the public compensation system,purporting to cover the victim's loss which won't be covered by the first or second layer.Facing the increasing environmental pollution in China,this system including three layers linkaging and supplementing with each other,opens a new environmental tort relief road for victims,companies and the government.