The Research About Establishment Of Compensation Regime For Oil Pollution Damage Caused By Ship In China

Our country has been suffering from oil pollution heavily. In recent years, increasing serious accidents of oil pollution caused by ships bring damage or threat to our country's property and people health. With the lack of law and finance supports, the sum of compensation is not implemented efficiently that results from the bankruptcy of ship-owner , or the sum of compensation exceeds the sum of liability limitation of ship-owner, or peace-breaker is not found, or the marine authority does not clean pollution up because of ship-owner's finance situation. In order to remove above phenomena and find a way out of a difficulty of compensation for oil pollution damage caused by ship, we should establish a regime of compensation as quickly as possible.In the field of domestic legislation, the 66the article of "MARINE ENVIRONMENT PROTECTION LAW OF THE PEOPLE'S REPUBLIC OFCHINA (amended) " provides that according to the principle of risk co-taken by ship-owner and consignor, the country is in duty bound to establish the insurance and fund regime for oil pollution damage. But this article provides a principled stand, we need to do father research work to find a way to set up a detailed regime.The paper provides a direction to establish a domestic compensation regime for oil pollution damage caused by ship through the analysis of present situation of domestic compensation for oil damage and international convention on compensation for oil pollution damage, and the argumentation of the necessity and feasibility of regime's establishment. At the end of the article there are some suggestions for reference.