| Sitting on the vast territory, China owns adequate resources andmineral products, and makes the part containing enormous potential energydevelopment in which has been become the focus of the multitudinouscoastal states. But the population of this area are skyrocketing, andpartly due to the exploitation of intemperance, those behaviors also leadsto many environmental problems,various kind of contradictionsincreasingly highlighted. For example, oil spill pollution accident oflatent hazards, bringing the destruction of the environment and ecologyis fatal, and damage is also significant to the public, so effective legalaid and relief is indispensable. At the same time, it should be takenadequately environmental assessment and emergency measures ofspecification before operation in mining and oil. Semi-closed sea becauseof its characteristics,it should be on guard against the pollution andprotect the Marine environment, and the Bohai sea waters,there aremultiple offshore drilling company.Researching how to protect the Marineenvironmen through the legal ways and the vital interests of the broadmasses of the people have important significance.Ecological damages are still, however, there is legislative blank,existing domestic law system in the Marine ecological compensation inChina.The principle of legislation made it play a role in ecologicalcompensation is relatively limited, and the different files about theecological damage or the provisions of the Marine ecological damagecompensation range differ in the compensation scope that is not clear.Facing the problems of ecological compensation for oil spill pollutionaccident law, the article are from the perspective of domestic laws andregulations and the international conventions, etc, bases on andpreliminary analysis on the applicable limitations and its shortcomings.Analyze the major oil spills and in combination with special geographicfeatures of Bohai sea region, adopt case analysis to seek the generalcharacter and through the method of analysis of hermeneutics analysis there are limitations of the law definition of ecological compensation,the applicable law and compensation scope of Marine ecological damagecompensation and main body of oil spill probloms such as the claim isdefined, and analyze the emphasis on the long-term integrity category ofecology compensation and the necessity of the interests of the country’slong-term compensation, tries to put forward solutions. It is hoped thatthe authorities can make through a healthy legal Marine ecological damagecompensation get better benefits.In this article, it is through three chapters of oil spill pollutionaccident damage compensation of Bohai Bay that research and discuss onthe legal assistance issue:The first chapter, the article through the overview on the ecologicaldamage on the sea is permeated with oil. Firstlyˋit was carried out onthe oil spill pollution damage to the simple historical analysis,comparison of the existing oil pollution damage of relevant internationaland domestic legislative situation. And analyseing the ecological damage,the cause of formation of sea oil overflow on the legal implications,characteristics of ecological compensation,and so forth, and thenecessity of the ecological compensation is analysed on the brief.The second chapter,it is via in view of the Bohai sea area specialgeographical location and ecological features, combined with the Tasmansea and the Bohai sea PengLai19-3oil spill accidents and the gulf ofMexico oil spills and other typical cases, are analysing of accident ofprocessing conditions, and on the possible impact of and shortcomings inthe course of compensation of ecological damage evaluation. Combinationof economic, ecological and other benefits of oil pollution accidentdamage,this chapter emphasizes to perfect legal assistance for oil spillpollution accident of ecological damage necessity.The third chapter, combining the pollution accident of Bohai and otherinternational oil spilling accidents, the damage of oil pollution damageecological legislation, analyzeing the shortcomings of the legalassistance system, such as clear Marine ecological damage compensationscope, and subject qualification, proof and responsibility share of Bohaioil spill ecological damage compensation of legal aid for the improvement of the proposal, and analyzed in this paper mainly through the three parts,the establishment of ecological compensation system.The improvement ofthe liability insurance system; ecological damage assessment mechanismof reasonable and effective operation of public welfare lawsuit system,etc. which in combination with analysis of the successful experience ofAmerican oil pollution law, within the framework of the current system,guided by the principles of sustainable development.The article isestablished the ecological civilization as the goal, coordinating orgiving specific suggestions on the existing protection system, andstarting from the present situation of our country to put forwardcorresponding countermeasures. |
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