Research On The Compensation For Pure Economic Loss Of Oil Pollution From Ships

Since twentieth Century, as the demand of mankind for oil is growing daily, it drives the vigorous development of ships oil transport industry, offshore oil exploitation industry and other related industry. However, in the process of ships oil transport, oil spill accidents happen at times, which lead to a series of losses. These losses contain direct property loss, parasitic loss, relational economic loss and marine environment economic loss, and relational economic loss and marine environment economic loss belong to pure economic loss of oil pollution from ships which this paper will study. Whether pure economic loss of oil pollution from ships should get compensation, and its compensation scope and standards is always the focus of contention of relevant international conventions and domestic legislation, so researching on pure economic loss of oil pollution from ships has important theoretical and practical significance.This paper mainly uses the method of comparative, empirical analysis, law economics and other research methods, makes a comparative analysis on the processing mode on compensation for pure economic loss of oil pollution from ships of international conventions, nongovernmental agreement and typical representative countries and the relevant legislation and the practice of China, and expound the basic theory, the subject of compensation relationship, compensation scope and the determination of responsibility of compensation for pure economic loss of oil pollution from ships, on this basis, in view of the lack of legislation and judicial practice in China, and then give some advice on perfecting claim of pure economic loss of oil pollution from ships.Besides the preface and conclusion, there are five chapters in this paper. Form mainly defining of ship and oil pollution from ships, introducing concept, characteristics of pure economic loss of oil pollution from ships and the historical development, the basic principles factors of compensation for it, Chapter1 expounds the basic theory of compensation for pure economic loss of oil pollution from ships. From the perspective of claim subject and compensation subject, Chapter2 mainly introduces the subject of compensation relationship for pure economic loss of oil pollution from ships. on this basis of analyzing stipulate on the angle of the elements, imputation principle, causal relationship and the burden of proof of tort liability of environmental tort liability in torts law, Chapter3 mainly expounds imputation principle and the burden of proof that the cognizance of compensation responsibility for pure economic loss of oil pollution from ships should adapt to, and demonstrates the rules of judging causal relationship. From making a comparative analysis on different stipulates on scope and standard of compensation in international conventions and domestic laws, Chapter4 mainly expounds the scope of compensation and compensation standard for pure economic loss of oil pollution from ships by using law economics research method. In view of the lack of legislation and judicial practice in China, referring to legislation and judicial practice of international conventions and foreign typical countries, Chapter5 mainly introduces suggestions on perfecting compensation mechanism of pure economic loss of oil pollution from ships in the subject system of compensation relationship, the cognizance of compensation responsibility, establishment of compensation scope and other respects.