Research On The Plaintiff's Qualification In China's Ship Oil Pollution Compensation Lawsuit

In recent years,as oil is widely used in production and daily life,oil transportation is becoming more and more frequent.On January 6,2018,the accident of Panamanian oil tanker Sanji once again attracted the attention of the academic circles.The oil spill accident has caused serious pollution of the marine environment,destroyed the marine ecological environment,and threatened the public interests of the whole society.The protection of marine ecological environment according to law has gradually become the top priority in the trial of marine environmental resources by the court.By reforming the relevant laws such as the Civil procedure Law,the Environmental Protection Law,and increasing legislative efforts on marine environmental issues,China has basically formed an administrative organ for the management of the marine environment,an environmental protection organization,and procuratorate.However,due to the current legal provisions are still relatively vague,not specific,more dispersed,the lack of various subjects between the prosecution order of the provisions,resulting in the judicial practice of multiple liability recourse subject conflict,resulting in the waste of judicial resources.A series of problems such as too long litigation time.In order to solve the problem of the plaintiff's qualification and ranking of the existence of the ship's oil pollution damage compensation action:The first chapter is an overview of the plaintiff's qualification of oil pollution damage,which provides a theoretical basis for the full text.Firstly,the author interprets the damage of ship oil pollution in the way of splitting each word,and clarifies the scope of application of the qualification of plaintiff and the system of ranking selection.Then the author defines the qualification of the plaintiff and analyzes the theoretical basis of determining the qualification of the plaintiff and the relevant characteristics of the litigation for oil pollution damage compensation.It provides theoretical support for the later article to maintain a more open attitude to the qualification of the plaintiff and to establish the system of ranking selection.The second chapter summarizes and analyzes the relevant provisions in the current legal system of our country to pursue the subject of oil pollution damage litigation.As the relevant regulations of our country are relatively scattered,the relevant regulations are summarized from the marine environmental administrative organs,social organizations and procuratorate respectively.From this,we can conclude that our country has initiallyestablished the civil public interest litigation system of marine environment,and basically formed a system of re-course subject composed of three parts: the administrative organ of marine environment management,the environmental protection organization and procuratorate.The third chapter summarizes the relevant theories and legal provisions of foreign countries.Because the United States and France have relatively perfect provisions in the multi-party recourse subject,and as the representative countries of the Anglo-American law system and the continental law system,they have more reference significance.Group action in Germany has a unique and perfect history in recognizing the plaintiff's qualification of social organizations,which can help the difficulties encountered by environmental protection organizations in our country in spite of the plaintiff's qualification but can not be successfully prosecuted.At the end of this chapter,the author also summarizes and analyzes the thinking drawn from the conclusion of the extraterritorial system.The fourth chapter is the main part of the article,through the above analysis is put forward problems and analysis of countermeasures.First of all,the author points out the two problems existing in the qualification of the plaintiff in the oil pollution compensation suit in China,that is,the limited scope of the qualified plaintiff and the lack of the system of ranking selection.Secondly,aiming at the two problems,it analyzes the rationality and the existing dispute of marine environmental management organ,social organization,procuratorate and individual citizen,and puts forward the solution to the existing dispute.Then,aiming at the characteristics of each subject,the author sets up some tentative ideas of ranking system from the two aspects of positive conflict and negative conflict of right of action.Marine environmental pollution and damage has become a major threat to human sustainable development.To establish the system of plaintiff ranking in oil pollution compensation litigation can better define the subject of claim for compensation.So as to ensure that after the occurrence of oil pollution,timely accountability through litigation,to prevent the aggravation of marine ecological damage.It also provides the necessary legal guarantee for the restoration of marine ecological damage.