Study On The Institutions Of The Competition For Oil Pollution Damage

With the quick development of technology, acceleration of economicglobalization and growing prosperity of modern shipping industry, oil pollution fromships become an important source of pollution in the marine environment. Oilpollution from ships not only causes significant material damage to people, but alsobrings great damages to marine ecological environment and natural, hinder thesustainable development of marine economy. In recent years, a number of major shipoil pollution incidents have happened, which brought calamities to human, left peopledeep impressions both international and national level. It has aroused greatattention.To solve the adverse impacts of oil pollution damage becomes the world’sproblems. To prevent, reduce marine oil pollution and protect the marine environment,in half a century, the international community has been working to pass legislation toresolve oil pollution damage compensation problems. Therefore, in the international,"Convention on Civil Liability and Fund Convention" and the adoption of theConvention have passed. The United States, Canada and other developed countrieswith rapid shipping development have established and gradually perfect the system ofcompensation for oil pollution damage in domestic law. On the contrary, China as anoil importer, oil maritime traffic, there are many oil pollution accidents, withoutperfect oil pollution damage compensation system as the basis. Although Chinaparticipated "Convention on Civil Liability, China is not a member of the FundConvention, also does not establish ship oil pollution fund system. All these causesthe clean-up costs after the oil spill accident, cannot guarantee the cleanup work becarried out smoothly. The victim compensation is not sufficient, and the imperfectionsof the system make it difficult to find the applicable laws for many cases of oil. Thus,to improve our oil pollution damage compensation system is imperative.In this paper, the situation of China for oil pollution damage compensationsystem has no specific legislation, the domestic legislation of the State Oil Pollution from Ships Convention on Civil Liability","Fund Convention "and other internationalconventions, the United States, Canada and China,"Marine Environmental ProtectionLaw, the relevant provisions of the"Maritime Law","Prevention of Pollution fromShips, Marine Environmental Management Ordinance and other laws, combined withthe status quo of China’s shipping industry, as well as the status quo of China’s OilPollution from Ships, to put forward appropriate legislative proposals to improve theconditions of our country for oil pollution damage compensation system.The first part will discuss the status of legislation on compensation for oilpollution damage. This in part through international legislation for oil pollutiondamage compensation system, developed international legislation analysis, theinternational trend of marine oil spill legislation and the need to improve in China toestablish oil pollution damage compensation system.The second part focuses for oil pollution damage compensation for the scope andthe scope of compensation. This section first discusses the scope of the Marine OilPollution Damage, discusses the application of compensation for oil pollution damageboth the ships and oil; then discussed this important issue of the Marine Oil PollutionCompensation range, not only to discuss the scope of compensation, which the shipcompensation for pollution damage computational problems were discussed.The third part of the main focuses of compensation for oil pollution damage.Compensation for oil pollution damage the main subject of rights and responsibilitiesof the main two, respectively, are discussed.Part IV focuses Ship Oil Pollution Damage Compensation Liability principlesand limitations of liability in two aspects. Liability Principle, briefly introduced theno-fault liability, and then introduced the no-fault liability for oil pollution damagecompensation in the legal system established, the final analysis the exemption subjectmatter. Limitation of Liability, first introduced the origin of the limitation of liability;then compared the different legal limitation of liability provisions to come to theirdevelopment trends and patterns; discusses the loss of limitation of liability.Part V discusses our Ship Oil Pollution Damage Compensation System. This partis mainly around to improve the mandatory liability insurance and build the Oil Pollution Compensation Fund to conduct feasibility studies. This section firstdiscusses the Ship Oil Pollution Damage in China damages legislative inadequacies,and then discuss to improve our country for oil pollution damage compensationsystem should be based on the principle. Compulsory insurance, combined with ShipOil Pollution in China the status of legislation and industry situation on China toimprove the need for compulsory insurance to make the argument, and then putforward legislative proposals to China for oil pollution damage compensation system.The Oil Pollution Fund to establish, first of all discusses our country not to join theFund Convention "reasons, then discussed the establishment of the Oil PollutionCompensation undermine the necessity of the Fund, and finally discusses theestablishment of the main contents of the Marine Oil Pollution Fund, the discussionwill mainly focus on the" Ship Oil Pollution Compensation Fund the collection anduse of the provisions of the management approach "to carry. The last discusses thecountry should establish a scientific oil spill damage assessment system, discusses thecontents of the system.