On The Standard And Scope Of Compensation For Pure Economic Loss Of Marine Oil Pollution

This paper obtains from the general pure economic loss in tort law,for exploring the legal nature and status of pure economic loss of marine oil pollution which is special.Then this paper analyses the regulations and judicial practices on pure economic loss of marine oil pollution in international conventions,files of international organization and Britain law,American law,French law.Finally,on the basis of learning Chinese law and judicial practice carefully,this paper,making full use of comparative analysis and case analysis,gives pure economic loss of marine oil pollution a clear scope and standard,and sets up the core content of pure economic loss of marine oil pollution compensation framework.The compensation standard includes the judgment rules of causation and the rules of compensation acquisition;the compensation scope is the damage types which can be incorporated into pure economic loss.It also provides advices and references for Chinese pure economic loss of marine oil pollution compensation issue.Besides the preface and conclusion,there are five chapters in this paper.Chapterl is the overview and academic controversy of the pure economic loss of marine oil pollution.It introduces the origin,concept disputes and categorization of pure economic loss,and also further discusses the definition,scope,characteristics of pure economic loss of marine oil pollution.Chapter2 introduces two kinds of compensation standards on pure economic loss of marine oil pollution;and how to use these rules in some countries.Chapter3 introduces the scope of pure economic loss of marine oil pollution in different countries and international organizations under the guidance of compensation standard.It include legal regulations and judicial practices.Chapter4 is aimed at the handing and difficult in Chinese law and judicial practice.These conditions request our government should build a reasonable system as far as possible.Chapter5 is mainly about the recommendation for establishing reasonable pure economic loss of marine oil pollution compensation system.Firstly,we can establish a complete legal system for it;secondly,combining "proximity exists" and "foreseeable"standard as the mainly judgment;finally,in terms of different reasons of loss occurred,this paper divides pure economic loss of marine oil pollution into three kinds of loss:the loss rely on marine resources,the loss rely on marine geographical environment,taxes and other expenses loss.It can further clarify the type and scope of losses and easy for claimants.