The Study On The Scope Of The Ship-source Oil Pollution Compensation

In recent years, China’s offshore oil transport presents the trend ofrapid growth, along with the oil spill continue to increase, oil pollutiondamage caused by widening, thereby speeding up the formation anddevelopment of China’s Ship Oil Pollution Damage Compensation legalsystem. The scope of compensation for oil pollution damage as a theoryof community and judicial practice department of the hot issues ofcommon concern. The scope of compensation for oil pollution damage,including property damage, the damage of this general type, including aperformance for the clean-up costs, marine environmental damage andpure economic loss of these three types of specific damage.For now, most of the world participated in the International OilPollution Compensation Fund Convention on Civil Liability Convention,International Oil Pollution and its accompanying set up based on theInternational Oil Pollution Compensation system for oil pollution damagecompensation for the scope of the provisions are also judicial practice to obtain good results. As an oil importer, China is also just joined theConvention on Civil Liability not a member of the Fund Convention, andin the country, does not have a legal framework of integrity for OilPollution Damage Compensation system; For Oil Pollution DamageCompensation range the legal provisions scattered in the "Civil Law","marine Environmental Protection Law","Environmental Protection Act,Water Pollution Control Act","Maritime Law" and other laws andregulations, and has recently embarked on the "highest regulations of thepeople’s Court on the hearing ship Oil Pollution Compensation disputesand international conventions only to maintain a relative consistency ofthe provisions of the scope of compensation for oil pollution damage isstill too broad, which makes our country in dealing with oil pollutiondamage compensation range judicial practice, there is a big controversy,and ultimately lead to very different results with one case in the court’sdecision.The first part of the Ship Oil Pollution Compensation concept,defined the scope of the "ship" and "oil", and discusses the characteristics of compensation for oil pollution damage characteristics and oil pollutiondamage.The second part describes the international conventions andinternational conventions and the United States, the provisions of theCanadian domestic legislation the scope of compensation for oil pollutiondamage, compared to the discovery of Pollution from Ships, damagesrange with the social progress and constantly expanding.The third part of the article focused on our current controversy in thescope of compensation for oil pollution damage, focused on the followingaspects:Analysis of the legal nature of the clean-up costs, citing threedifferent points of view, the author is ultimately the nature of civilliability in favor of the clean-up costs, and explanation of its reasons. Tointernational conventions, foreign and domestic legislation, combinedwith China’s low level of Marine Oil Pollution Compensation practice, toexplore specific clean-up costs should have compensation items.Start from the concept of marine environmental damage, the subject of the claim of the marine environment, the full light of internationalconventions and foreign law, put forward China’s marine environmentaldamage compensation should follow the principles and the scope ofcompensation.Explore the related concept of pure economic loss, pure economicloss in China’s legislation on the status and actual results of theinternational conventions and other domestic law on pure economic losscompensation in accordance with the actual, and thus in favor of ourcountry should be compensation for oil pollution damage of pure part ofthe economic loss, but must consider the relevant factors.