Research On The Compensation System For Oil Pollution Damage From Ships

In recent years,along with the flourish development of China ship transport,Marine oil pollution accident risk is escalating.Among them,the "Tasman Sea" oil spill pollution of Tianjin sea in November 2002 is paid much attention.Because the oil spill pollution influence many body,and oil pollution damage compensation amount is huge,which has plagued the academic circles and the judicial practice.At present,the international prevailing practices in the international convention is based on the civil liability for oil pollution damage and match agreements,which guide practical activity of Marine oil pollution damage compensation.In addition,the representative’s maritime trade big country such as Britain and America also had established the domestic Marine oil pollution damage compensation law.However,our country has no special related laws,at present,and the most of compensation of ship oil pollution damage compensation practices reference the "general principles of the civil law",such as the Marine environmental protection law and other laws and regulations.In these rules,the content is abstract and regulations are separate.This article mainly focus on four aspects: An analysis of Marine oil pollution damage in the legal nature,the main losses of Marine oil pollution and the characteristics of the Marine oil pollution damage.Introduces the international related legislation practice in Marine oil pollution damage compensation,and analysis the existing traditional dispute;Introduce the relevant domestic legal practice in ship oil pollution damage compensation and highlight the issues,in China;Analysis the exploration in the field of Marine oil pollution damage compensation legislation between the Britain and the United States,and interpret the advanced experience;Put forward to set up a suitable legal system for Marine oil pollution damage compensation in China.