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环境权与每位公民的生存和发展息息相关。改革开放以来,随着我国经济的高速发展,企业数量和企业规模不断扩大,环境污染问题日益严重,环境侵权案件趋于高发态势。在环境侵权案件中,案件诉讼成本高,举证难度大,受害人的合法权益难以得到有效的保护;再加上企业生产的经济负外部性难以估量,所造成的损害赔可能大大超出企业的承受能力,导致受害人即便权利得以主张,损失却得不到实际补偿。因此,当前中国社会迫切需要建立、健全一套行之有效的环境污染责任保险制度。
The right to the environment is closely linked to the survival and development of every citizen. Since the reform and opening up, with the rapid economic development in our country, the number of enterprises and the scale of enterprises have been constantly expanding, the problem of environmental pollution has become more and more serious, and environmental infringement cases have tended to be at a high momentum. In environmental infringement cases, the cost of case lawsuits is high, the burden of proof is large, and the legitimate rights and interests of the victims are hard to be effectively protected. Moreover, the economic negative externality of the enterprise production can not be estimated, and the damages caused may greatly exceed the enterprise’s tolerance Ability to cause the victim to claim compensation even if his / her rights are claimed, the actual compensation is not lost. Therefore, there is an urgent need to establish and perfect an effective environmental liability insurance system in current Chinese society.