The Study On The Marine Oil Pollution Damage Compensation Mechanism

The frequently occurred major oil pollution accidents have endangered ocean ecosystems and people’s lives. But today, the national marine oil pollution damage compensation mechanism does not consist of strong rules so that it cannot regulate effectively a and compensate reasonably and promptly the damages caused by those ship oil pollution accidents.At present, there is no specific legislation in our country providing an effective compensation mechanism in the case of ship oil pollution. Although there are some regulations regarding such matter, they do not stipulate clearly the main responsibility,the compensation scope. Moreover, the existing law is fuzzy and scattered, in the result that the judicial practice vary in thousands ways.This article mainly uses the comparative approach. In prophase, it attempts to compare the three kinds of compensation mechanisms for some fundamental problems, such as the applicable “oil” “ship”, and put forward the definition of some key terms, which serves as a basis for the analysis of the whole compensation mechanism. Then, this paper analyses carefully the present situation and deficiencies of our country’s existing compensation mechanism, various problems which this article study on is to be proposed as to our country’s existing compensation mechanism. And, starting with the three types of compensation mechanism for oil pollution damage, it is to compare their advantages and disadvantages and their adaptability to the local conditions. The author believes that, as far as the compensation mechanism is concerned, our country should adopt a dual regulating system, which is represented by Canada, but make some modifications according to the different conditions and situation, i.e.,to combine the responsibility system of the international compensation mechanism with the insurance system and fund system that come from the domestic law of our country. Focusing on this central point, this paper tends to study and analyses carefully and comparative the various and specific aspects of the responsibility system, insurance system, fund system and evaluationsystem in the three kinds of mechanism. Finally, according to the various and specific aspects of the present situation and deficiencies of our country’s existing compensation mechanism, some feasible suggestions is to be proposed as to the various and specific aspects of the responsibility system, insurance system, fund system and evaluation system.