论我国"二元化"环境责任保险制度构建

随着我国市场经济的进一步发展和工业化进程的加快，环境污染和生态破坏日益成为影响经济发展的社会问题。对于因环境污染所产生的环境侵权，通过保险制度来解决因环境污染所导致的损害，日益成为众多环境法学者关注的问题。环境责任保险制度是建立在侵权法和责任保险理论之上，成为解决环境侵权的有效途径之一。对于环境侵权责任保险问题，国家应根据具体情况对环境责任保险予以干预，根据实际需要选择环境侵权责任保险的模式。我国应构建商业保险和强制保险并存的“二元化”的环境侵权责任保险制度。

Choices between Commercial Insurance and Compulsory Insurance on Environmental Liability Insurance: the Establishment of Dualistic Liability Insurance System on Environmental Tort

With the further development of the market economy and rapid indyustrialization in China, environmental pollution and deterioration of environment have increasingly become important social problems which are affecting the economic development significantly. We need to establish related insurance systems to resolve environmental tort and reduce damage caused by environmental pollution. It has become main issues concerned by scholars in the field of environmental laws. Environmental liability insurance is based on the theories of tort law and liability insurance. The article explores the choices of patterns of liability insurance on environmental tort under state intervention. Based on the discussions, the article further demonstrates the establishment of the dualistic liability insurance system on environmental tort.