中国环境责任保险制度的构建

对于因环境污染所产生的环境侵权，可以通过环境责任保险制度来解决污染所导致的损害。对于环境侵权问题，特别是影响巨大的环境侵权事件，国家事先通过环境责任强制保险予以干预，可以很好地解决环境责任危机。我国应构建商业性保险和政策性保险并存的“二元化”的环境责任保险制度。

To Establish a Liability Insurance System on Environmental Tort in China

With further development of the market economy and rapid industrialization in China,environ- mental pollution and deterioration have increasingly become major social problems that are affecting the eco- nomic growth significantly. To establish related insurance systems,it is needed to resolve the environmental tort and reduce damages caused by environmental pollution. It has become a main issue concerned by scholars in the field of environmental laws. The environmental liability insurance is based on the theories of tort law and liability insurance. Choices of patterns of the liability insurance on the environmental tort under state interven- tion were explored. Based on discussions,the establishment of a dualistic liability insurance system on the environmental tort was further demonstrated.