On The PRC Oil Spill Legislation And Its Development

The Oil Spill Accident in Bohai Bay, China occurred in June,2011was the firstmassive Oil Spill Pollution caused by Oil Plant in mainland China, raising the level ofnational concern. More than anything else, the accident provides a reasonable doubt tothe Legislation on Oil Spill Pollution of the PRC for the chaos and mess exposed in it,i.e. the weak supervision of the relevant authority, confusion of the governingauthority, and the escape of responsibility by the responsible party, etc. The Authorbelieves that this accident is a driving power to reform the Legislation on Oil SpillPollution of the PRC as the EXXON VALDEZ oil spill accident to U.S. Oil Spill Act.This Article intends to find out the flaw of the existing Legislation on Oil SpillPollution of the PRC by thorough review of the relevant PRC laws and regulationsand analysis of the change of the <OPA1990>, provide a reasonable resolution andapproach to such flaws.This Article is composed of four chapters.Chapter One: the Introduction of the Background. In this chapter, the author willcompare the oil spill cases happened in China and U.S. and the data on the oil importand consumption of the world to reach the conclusion that the U.S. Oil Spill Actshould be a good example to Chinese legislators.Chapter Two: the Review of the Relevant PRC Legislation. In this chapter, the authorwill illustrate the specific flaws in the relevant PRC legislation via thorough review ofall the relevant conventions and treaties entered into by the PRC and the domestic law system.Chapter Three: the Overview of the <OPA1990>. In this chapter, the author willconclude the legislators’ intention and development direction of the U.S. Oil PollutionAct through comparison analysis of the laws before and after the <OPA1990>, thusprovide a valuable example to PRC legislators.Chapter Four: the direction of the Relevant PRC Legislation. In this chapter, theauthor will summarize the content and conclusion of the previous chapters andprovide his own suggestion to the development direction of the PRC Oil PollutionLegislation.