| The ecology is very important for human beings, marine ecological damage accidents occurred frequently in the resent years, caused negative influence upon marine ecosystem, some even irreversible. In the judicial practices, due to the absence of legislations, result of some cases failed miserably. As Marine ecological damage a new kind of injury, domestic legal system is insufficient. China should continue to promote legislation to protect the marine ecosystem. In this article, the writer made a study of the claim for marine ecological damage.The essay try to find loopholes in the legal system through analyze the domestic legislation, and learn from foreign legislation about claim for marine ecological damage. In the end of the article, the writer combined with China’s conditions, put forward some concrete system design for the legislation.The first part of this article, the writer made a concise statement of the concept of damage to the marine ecosystem and briefly describes the current legislation on marine ecological damage situation of China. By made a comparison of the concept of marine ecological damage and damage to the marine environment, a clear understanding of the marine ecological damage has been made.The second part focused on analyze some key issues in the legal system of marine ecological damage, made a more detailed analysis of the prosecutors, damages and other issues defining the existing legal provisions and problems. The qualifications of prosecutor are about state administration as the prosecutor, and whether community groups and citizen can make a lawsuit. Damage assessment issues including determinate the scope of the damage, accreditation bodies, and the calculation methods for assess the damage.The third part of this paper describes the legal provisions of claims of marine ecological damage in foreign countries, specifically including, the relevant provisions of the United States, Japan, Canada, and the European Union. Implications of these provisions to China are at the end of this part.The fourth part of this article is mainly for the design of the key issues raised in the marine ecological damage legal system, which are the qualifications of prosecutor’s and marine ecological damage liability insurance problems. The writer put forward a system solutions from the angle of right origin and rights distribution to determine state administrator’s qualification. For improvement of marine ecological assessment of damages, the authors proposed the construction of a third-party rating agencies and a comprehensive analysis of the use of Habitat Equivalency Analysis among the damage assessment.I hope this study can improve the legal system of marine ecosystem damage claims, arouse public awareness of the law to protect the interests of the marine ecosystem. |
