Study On The Subject Of Compensation For Pollution Damage Of HNS Carried By Ship In China

The primary task of studying the compensatory system of pollution damage of HNS carried by ship is comprehensively and accurately clarifying the scope of the subject of liability for compensation.Currently,the legal system of protecting pollution from HNS carried by ship in China can be divided into two layers.The first layer of the legal system was the relative international conventions that China has already acceded to.The second layer was Chinese domestic laws and regulations in force.Since China has not acceded to the 1996 HNS Convention and its Protocols,we can only rely on Chinese domestic laws and regulations when studying the subject of compensation for pollution damage of HNS carried by ship.The main body of the thesis is divided into four parts.The first part illustrated the fundamental aspects of the subject of liability for compensation and its correlative issues.From the discussing,the author defined it as those parties who take the compensatory responsibilities of pollution damage that caused by HNS carried by ship.The second part focused on the shipowner as the subject of compensation for pollution damage of HNS carried by ship.The shipowner that the author identified in this thesis was a broad concept,it contained the registered shipowner,bareboat charterer,ship mananger and ship operator.In this sector,the author specifically demonstrated why the shipowner was the subject of liability for compensation from four aspects:the first aspect was the definition of shipowner,the second aspect was the academic grounds of argument for shipowner,the third aspect was the juristic grounds of argument for shipowner and the fourth aspect was the situation of the third party as the subject of liability for compensation.Consequently,it came to a conclusion that the shipowner was one of the subject of liability for compensation.The third part analyzed the insurer of liability as the subject of compensation for pollution damage of HNS carried by ship.The academic theory of this sector were the theory of the conduct subject different from the liability subject,the theory of socialization of tort responsibility and the theory of derivative action.As to the legal aspect,the insurer of liability was mainly regulated by the Insurance Law,Marine Environment Law,Maritime Procedure Law and several relevant laws and regulations.The fourth part discussed compensation fund as the subject of liability for compensation for pollution damage of HNS carried by ship.Besides the foregoing academic theory,it also included the theory of welfare state.The provisions of compensation subject in the 1996 HNS Convention and our Internal Ship Oil Pollution Compensation Fund could be the referenced legal basis for the discussion.In the conclusion part,this thesis put forward suggestions on establishing the legal system of the subject of liability for pollution damage of HNS carried by ship.From the perspective of international conventions,we should carefully consider the question that whether join into the 1996 HNS Convention and its Protocols or not in accordance to our current situations.We can construct the legal system of the subject of liability by drawing experiences from Oil Pollution Compensatory System.Furthermore,the specifically regulations of Double-Lier Subject of Liability in the 1996 HNS Convention and its Protocols also provide operation mode for us to establish our own legal system.