The Study Of The Scope Of Marine Ecology Damages

With the development of modern economy, ecological environment is increasingly serious, complex and diverse, ecological environment has already become to realize harmony between man and nature and the biggest obstacle to sustainable development. On the one hand, human demand for resources with the development of the social and economic increasing; On the other hand, human is not reasonable to carry out the use of environmental resources and ecological damage and waste of resources. China was a maritime power country, in using the oceans for earnings, development of the national economy is also faced with the Marine ecological damage serious fact. Although "Marine environmental protection law" requirement in China responsible for Marine ecological damage shall bear the liability for compensation, but the provision is too principle, can not provided specific compensation scope. Damages the purpose is to prevent the happening of the damage and expanded damage, and as far as possible to restore damaged legal interests to the damage occurred before. Marine ecological damage compensation. In recent years, our country Marine oil pollution incident is increasing, the Marine ecological environment has become more and more serious, but because of the lack of specific, maneuverability of the law, the maritime court are not uniform around the judgment standard, the judge for how to define the damage compensation scope is different from place to place. Tort liability law of the prevention function, fill the damage function and education disciplinary function to determine the scope of the Marine ecological compensation has guiding significance.This article altogether is divided into five parts.The first part discusses that the Tort Liability Act provides a legal basis for the establishment of marine ecological damage range.The second part is from the point of the prevention function of the tort liability act to determine the marine ecological damages range.The prevention function is mainly reflectes in the compensation of damage prevention costs and expands.The third part is from the point of the damage fill function of the tort liability act to determine the marine ecological damages range.The fill damage function is mainly reflectes in the compensation of damage recovery costs.The fourth part is from the point of the educational and punishmental function of the Tort Liability Act to determine the marine ecological damages range. educational and punishmental function mainly reflects when the responsible person is not actively take measures to prevent and reduce the damage occurred and lead to harmful consequences or further expand the determination of the amount of compensation.The fifth part expounds the final Marine ecological damage compensation amount, that is, from limitation of damages or compensation in full two views of their historical origin, and analysis our country’s current national condition, and give the author’s point of view, that we should take to limit compensation or full compensation...