论环境侵害救济的社会化

本文首先从三个方面分析了对环境侵害赔偿采取社会化责任的理论基础,而后,通过对多个国家环境立法的考察得出一个结论:所谓社会化责任,其表现形式主要就是保险。最后,通过比较各国关于环境责任的保险制度,结合我国目前环境保护与经济发展的现状,笔者提出如下立法建议:我国应建立自愿投保的专门环境责任保险和环境强制责任保险,以实现可持续发展。

On the Socialization of Liability of Tort in Environmental Law

Firstly, this thesis analyses some basic theories on the socialization of liability of tort in environmental law from three aspects. Secondly, the authors review the environmental legislation of several countries and draw a conclusion that the main form of the socialization of liability is insurance. Finally, by comparing several countries' system of insurance on liability of environmental law and combining them with the present situation of environmental protection and economic development of our country, the authors bring forward the following suggestion on legislation that the special freewill insurance of liability in environmental law and the obliged insurance of environmental liability should be established in our country so as to fulfill the continuable development.