The Study Of Application Of Law In Civil Compensation For Oil Pollution Damaged From Ships

Ocean is one of the most important sources and space for survival and development of human beings, to protect the marine environment is one of the important tasks for the human beings in the 21st century. Although modern maritime technology has made remarkable progress, but it is inevitable to avoid accident of oil ship collision or marine pollution from oil ships. In recent years, with offshore oil transportation activities took place more frequently, ship compensation for pollution damage cases occur frequently. But at present the laws and regulations about ship compensation for pollution damage of our country are not perfect and can't better safeguard the legal rights and interests of the state and the parties concerned. Therefore, the paper starts from China's current judicial practice, through the comparative analysis between the international conventions and inner laws and regulations of our country, for different types of ship collision and oil pollution damage caused by ships to summarize the law of applications, and from the perspective of the following items: damages subject,imputation principle,limitation of the liability and limit of compensation to study the theory on the unity of thinking, in order to enhance the quality of judicial practice. Because the problem of law of application is the premise of ship pollution damage compensation, so the study of applicable law of the ship pollution damages has the important practical significance.This paper including five parts, the first part is preface, mainly elaborates the background,purpose and the meaning of the paper. The first chapter mainly introduces the above-mentioned damage compensation system, focuses on the overview of the concept of ship pollution damages and the characteristics and the concept and principles of applicable law and it's simply summarized and analyzed contents. From the angle of jurisprudence, the second chapter tries to analyze the theory and the practice of the application of international treaty in China, and to point out the problem of application of law between the international treaty and domestic law of china in the field of the ship compensation for pollution damage. The chapter three mainly to introduce the relevant international conventions of ship compensation for oil pollution damage, and to put forward my own proposals of how to apply convention in our country presently. To analyze the applicable laws in different conditions of collision of compensation for oil pollution damage caused by ships, that is according to the cases whether it is related to foreign matters. After solving the applicable law of international convention or domestic law (no factor concerning foreign affairs under the premise of cases), and to put forward my proposals in the application of law on the aspects of damages subject,imputation principle,limitation of the liability and limit of compensation to analyze. The fourth chapter expounding the laws, regulations and judicial practice of China's shipping compensation for oil pollution damage by ships, and emphatically the conflicts of application of law and point out the existing problems in the ship compensation for oil pollution damage of the applicable laws, and to put forward my proposals in the application of law on the aspects of damages subject,imputation principle,limitation of the liability and limit of compensation to analyze.