The Study On The Scope Of The Marine Oil Pollution State's Claims For Compensation

The importance of the marine ecosystem is self-evident. It can not only satisfy the material needs of human and guarantee the global energy circulation. With access to the sea tanker gradually increased, the growing prosperity of oil exploration and exploitation, leading to frequent marine oil pollution accidents. Marine oil pollution incidents can cause damage to the plurality of main interests, including national. Serious damage to natural resources and marine waters ecological environment. State submitted a claim to the oil responsible, Sea-based ownership and ownership of natural resources.But in the absence of specific legislative oil and provisions of law on national claims range are not systematic. At present the claim for marine oil pollution damage is not ideal, accompanied with low and chaos situations. Clear the specific scope of marine oil pollution damage in claim, will effectively change the current situation of national claim, making effective guidance and support, could minimize the marine oil pollution accidents.Different international conventions and national legislation attitudes to marine oil pollution damage claims range.As for provision of national claims range is less and more controversial. At present, law gives state the qualification of the claim to marine oil pollution damage,but it does not provide a specific definition of pollution damage and the scope of national claim and specific projects in this range. These are needed to solve the problem of judicial practice.In this paper, in addition to the introduction and conclusion, the text is divided into five parts.The first part: Marine oil pollution damage nation claim overview. Comprehensive comparison of marine oil pollution damage national claim and the similar concept. Clear pollution damage national claims is an independent system,which have unique properties,Unlike ordinary tort damages.At the same time,discourse the principle of marine oil pollution damage national claims range to define the scope of the claims of national.The second part: Legal basis for marine oil pollution damage national claims range.According to the provisions of international conventions and national laws on marine oil pollution damage claims range.Clearing conventions and national legislators views and attitudes towards the scope of claim.Probing framework boundaries of the scope of the national claims for oil pollution damage.The third part: Generally accepted marine oil pollution damage national claims range.Discusses the current generally accepted national claims include the costs of mandatory decontamination measures, the cost of measures to restore the marine environment and the cost of investigation and assessment, and discourse specific claim item in the scope and existing problems in judicial practice.The forth part: Disputed claims range in marine oil pollution damage national claims. At present, there are two partial claims range in the marine oil pollution damage national claims, including long-term loss of fishery resources and pure economic loss.Combine all points of views, exploring whether the State is entitled to claim on partial issues.The fifth part:Improvement of marine oil pollution damage national claims suggest.Through two cases of marine oil pollution damage national claims in our current judicial practice.Finding the existing problems by analyzing of national mechanisms and claims the scope. On the basis of learning from others countries' rewarding experience, putting forward recommendations to further improve the scope of marine oil pollution damage national claims.