中国人口·资源与环境2012，Vol.22Issue(7)：167-171,5.DOI:10.3969/j.issn.1002-2104.2012.07.027
基于环境责任保险的动态环境侵权救济体系研究
Constructing the Dynamic Relief System of Environmental Tort Based on Environmental Liability Insurance
摘要
Abstract
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.关键词
环境责任保险/环境侵权/动态救济体系Key words
environmental liability insurance/environmental tort/dynamic relief system分类
资源环境引用本文复制引用
薛丹..基于环境责任保险的动态环境侵权救济体系研究[J].中国人口·资源与环境,2012,22(7):167-171,5.基金项目
教育部资助项目(编号:11YJC820047). （编号:11YJC820047）
