我国环境污染责任保险发展的路径选择与制度构建

Choice of Strategy and Construction of System with Regard to the Development of Environmental Pollution Liability Insurance in China

随着我国工业化进程步伐的加快,环境污染和生态破坏影响到我国经济与社会的可持续发展。对于因环境污染所产生的环境侵权,通过保险不仅可以转移责任风险,还能够及时为受害人提供保护。国家应根据具体情况推行环境污染责任保险,选择强制保险与任意保险并存之模式。我国在移植西方环境污染责任制度时应予以本土化改造,要与我国现有的民事侵权制度相协调。根据实际情况发展环境污染责任强制保险,合理界定环境污染责任保险中第三人的范围。

With the acceleration of the industrialization in China, environmental pollution and ecological damage start to interfere with the sustainable development of economy and society. With regard to the environmental tort caused by environmental pollution, the insurance can not only transfer the risk of liability, but also protect the victims in time. The authority should develop the environmental pollution liability insurance and choose the pattern of co-existence of compulsory insurance and voluntary insurance. During the process of transplanting the western environmental pollution liability insurance system, China should pay attention to the localization so as to make it consistent with the now civil tort system. It should develop the environmental liability insurance based on the reality and define the reasonable scope of the liability of third party in environmental pollution insurance.