论文部分内容阅读
纯粹经济损失在环境污染责任保险中的赔偿规则明显不同于传统侵权法。在侵权法中,一般依据排除性规则只对故意引起的纯粹经济损失予以赔偿,但环境污染责任保险则依据保险法的一般理论对于故意行为引起的损失不予赔偿。故在保险法的视野中只有对过失引起的纯粹经济损失有探讨的余地。世界各国对于这一问题有不同的处理方式,在我国的环境污染责任保险中有必要引进纯粹经济损失这一概念,以更大程度的保护受害人的利益。
The compensation rules of pure economic loss in environmental pollution liability insurance are obviously different from the traditional tort law. In the tort law, only the purely economic damages caused by intentional causes are generally compensated according to the exclusionary rules, but the environmental pollution liability insurance is not compensated for the losses caused by intentional acts according to the general theory of insurance law. Therefore, in the field of insurance law, there is only room for discussion on the pure economic loss caused by negligence. All countries in the world have different approaches to this issue. It is necessary to introduce the concept of pure economic loss in China’s environmental pollution liability insurance to protect the interests of victims to a greater extent.