On The Compensation Scope Of Ecological Damage Of Marine Oil Pollution Of China

In the process of the development and offshore oil transport, Marine oil pollution incidents can cause serious damage to the marine ecosystem. At present, the law system relating to damage compensation of marine oil pollution in our country is still not perfect, lacking of a special law adapted such issues. Because of the law of the compensation scope of ecological damage of marine oil pollution is not clear, which leads to claim in the justice process is incomplete and not fully compensate for the loss. This paper is based on the theory of the compensation of ecological damage of marine oil pollution to analyze the shortcomings of compensation scope of ecological damage of marine oil pollution of China in legislation and judicial and draws lessons from international convention and foreign laws. After all, I suggest building the compensation scope of ecological damage of marine oil pollution of China and make recommendations for improvement of the legal system of Marine oil pollution damages.Besides preface and conclusion, this dissertation is divided into4chapters as following:Chapter1demonstrates the basic theory of compensation of ecological damage of marine oil pollution. This chapter defines the related concepts of involved topics and demonstrates the scope of the loss of marine oil pollution and civil liability for compensation of ecological damage of marine oil pollution.Chapter2combs China’s legislation and typical cases about ecological damages of marine oil pollution. It elaborates provisions relating to the assessment of ecological damage of marine oil pollution and summarizes the problems of the compensation scope of ecological damage of marine oil pollution of China in order to lay the foundation for propping into Compensation scope of ecological damage of marine oil pollution and relevant legislative.Chapter3studies the Compensation scope of ecological damage of marine oil pollution by utilizing comparative method. This chapter introduces compensation scope of ecological damage of marine oil pollution in international conventions and foreign legislation. Based on the successful experience of the international convention and other nation legislation, reflects on the legal system of compensation of ecological damage of marine oil pollution of China. We shall unify oil pollution legislation, establish Compensation scope of ecological damage of marine oil pollution, build oil pollution compensation fund and improve the Marine oil pollution damage assessment system.Chapter4is to perfect compensation scope of ecological damage of Marine oil pollution of China. Firstly, it demonstrates the principle of the compensation scope of ecological damage of marine oil pollution, which proposes three basic principles; secondly, this chapter analyze the compensation scope of ecological damage of marine oil pollution; finally, it enacts<Oil Pollution Act> and builds the local eco-system of compensation of ecological damage of marine oil pollution to improve China’s legal system of compensation of ecological damage of marine oil pollution.