The Study In Legal System Of Oil Pollution Damage Compensation From Ships And Countermeasures Of Our Country

With the significant cost of thermal power in global industrial development,petroleum demanding becomes the major problem treating the advance of industrysystem all over the world. Relative marine figures indicated that ninety percent of theoil is traded by sea, which greatly increases the risk of oil-pollution. Vessel iscommonly applied in marine transportation, so vessel oil-spilling resulted by shipaccident gives rise to vast loss including environmental clean-up cost andcompensation for individual fishers. Considering the liable ship-owner can hardly takesuch economic burden, the compensation system over pollution damage is urgentlyrequired to ensure adequate and timely compensation to victims.A series of International Treaties and other variety of legal instruments jointlyform the effective jurisprudence system of International Oil Damage CompensationSystem（IODCS） after several reformulation and practice. IODCS is also referencedby developed maritime nations and shapes typical compensation models. China issuffering from vessel oil-pollution during the exploration of the compensation system.Statistics from Marine Affairs Bureau shows that oil-spilling accident happens everythree days in average. Frequent spilling damage and seriously inadequatecompensation desire a better oil-spilling compensation legal system. Compared with other domestic legislations under the reference of IODCS, this paper analyses theweakness of current compensation mechanism from legal vision and further draw aconclusion on the legal countermeasures to improve oil damage compensation systemon the basis of the practical condition and legislation process.This paper is composed with four chapters as follows:Chapter1introduces the main concepts and describes International conventionson oil damage compensation in aspect of origin, details, significance etc. In addition,some important International legal documents which do not belong to conventions areintroduced as well.Chapter2divides worldwide oil damage compensation mechanisms into threemodels with comparing method. It is analyzed in details that compensation systems intypical countries have respectively characteristics including superiority and weakness.Chapter3describes the current legal circumstance of compensation system inour country, in basis of which weaknesses from legislation, content and regime arefurther summarized out.Chapter4discusses in allusion with the legal measures to solve the problemsmentioned. First step is to make sure the total frame and legal preference ofcompensation system. Second step is to enrich the system with dual compensationstructures of insurance and fund regime.