Study On The Legal Problems Of Offshore Oil Pollution Damage Compensation In Our Country

Along with our country foreign trade to flourish， become more and more developed marinetransportation. In addition， the everlasting progress of science and technology also intensifies thedevelopment and utilization of sea，but along with this came the marine oil pollution aggravated.This not only caused serious economic losses， but also destroy the marine ecological balance，destruction of marine ecological environment， even cause irreversible ecological damage to theenvironment. However， at present， our country marine oil pollution compensation system is notperfect， a lot of the victim’s damage can not get full compensation， has great influence on theprotection of citizens’ legal rights and interests of the environment. Therefore， establishing a setof marine oil pollution damage， perfect compensation system， guarantee the victim receivetimely， effective compensation for the current construction of rule of law in China has thenecessity and urgency of equal and harmonious society， but also the protection of marineecological environment， the implementation of sustainable development strategy， meaning tothe construction of ecological civilization theme.Based on the comparison of different kinds of marine oil pollution of similarities anddifferences， analysis system， for our existing marine oil pollution damage and reflect theproblems，tracing， in order to establish a more perfect，the system of compensation for marineoil pollution damage in accordance with the actual. The full text is divided into six parts: the firstpart is the overview of marine environment， environmental tort and damages related concepts，the second part combs the present China and the marine oil pollution damages related laws，regulations and policies， and analyzes the defects existing in the existing legislation ofcompensation for marine oil pollution damage; the third part demonstrates the necessity andfeasibility of perfecting legislation of our marine oil pollution and damage compensation， thefourth part introduces the international treaty and the foreign legislation of marine oil pollutiondamage compensation and Inspiration of legislation on China’s petroleum damages， the fifth partintroduces the theoretical support for the marine oil pollution damage， and pointed out theprinciple， compensation legislation should follow the marine oil pollution damage in the sixthpart， and then put forward some concrete system perfecting legislation， such as the scope ofapplication， the liability principle and the liability， claims， claims of the main body and the establishment of insurance system， fund system etc.The last part is the conclusion of the full textsummary.