Research On China's Oil Pollution Unified Legislation

Since the "International convention on civil liability for oil pollution damage 1992"and the "International conventionthe on establishment of the oil pollution compensation fund 1992" has more than twenty-five years in China,as a contracting party,China is trying to break through on our domestic legislation while actively practicing the spirit of the convention.It has been gradually introduced "Ship pollution prevention of marine environmental management regulations","Offshore oil exploration and development of environmental protection management regulations","Ship oil pollution damage compensation fund levy management measures" and other administrative regulations with the guidance of China's "Environmental protection law","Marine environmental protection law" and thus formed a relatively perfect legal system of compensation for oil pollution damage of ships.However,with the development of society and economy,the demand for oil has increased.China has become the world's largest oil import and export trading nation,and offshore oil production has also increased rapidly.The increasing oil pollution accidents in offshore oil transportation and oil exploitation have caused serious damage to the marine environment and ecological system.The current marine oil pollution legal system has been unable to solve the increasingly complex and serious oil pollution problems,it is urgent to innovate the legal system.The "Marine environmental protection law" belongs to the scope of administrative law and economic law in nature,what it adjusts is more on the administrative relationship between the maritime administrative department and the subject of oil pollution infringement.On the other hand,the '"Maritime law" is based on international trade and ocean shipping behavior which is not on the oil pollution damage claims.In addition,there are the following problems on the series of administrative regulations and departmental rules like legal level is too low,the contents of the law out of touch with each other,specific measures are not operational.More than that,with the increase of the level of social and economic development,the main body of the damage to the oil pollution at sea is no longer limited to the ship,the frequency of the oil spill in the non-ship subject has been increasing year by year.The damage compensation system of non-ship subject is almost absent in our country,which is particularly in the offshore drilling platform.Especially on the other side of the ocean,the United States as early as 1990 had been through the domestic legislation(OPA 90)to achieve the integration of public and private legislation and the "ship" and "platform" compatible legislation on the maritime oil spill emergency and maritime oil pollution damage compensation,which provides powerful protection for the United States among the world's marine power.In this paper,the author puts forward the idea of China's oil pollution unified legislation based on the international trend of oil pollution legislation and the existing conventions,the domestic legislation model of 1990,combined with the current practice of domestic oil pollution damage compensation measures.1)The thesis makes an overview and analysis on international conventions,foreign legislation and the legislation of China's oil pollution;2)The thesis mainly expounds the existing problems on the emergency and supervision system of oil pollution prevention from the perspective of public law,and puts forward the conception of legislation in our country with the experience of legislation in developed countries;3)The thesis makes a concrete system research on the two objects of marine oil pollution,that is the ship and the drilling platform oil pollution,from the perspective of compensation for oil pollution damage.Besides,it also has given suggestions on the model choice about compensation for oil pollution damage in China;4)The thesis makes feasibility study on the construction of a unified legal system of oil pollution in China,the author expounds his understanding of the connotation and extension of China's oil pollution legislation,the principle of oil pollution legislation and the conception of the combination of the public law and the private Law.