Research On China's Marine Ecological Damage Compensation Fund System

With the continuous improvement of productivity and the continuous progress of society,the ocean has become more and more important in economic development.In the process of marine development and utilization,accidents or emissions will cause serious damage to the marine ecology.Red tides and the reduction of marine species indicate that the marine ecological environment is deteriorating,and the marine ecological damage is no longer the environment-mediated personal or property damage.At present,the Marine Ecological Damage Compensation Fund is considered to be one of the effective methods to resolve the contradiction between marine ecology and humans.The marine ecological damage compensation fund is a form of social sharing of ecological damage liability,that is,the introduction of the marine ecological damage compensation fund system on the basis of civil compensation liability is of great significance to the restoration and protection of marine ecology.In this paper,the research on the marine ecological damage compensation fund system is divided into five chapters.Through the research idea of " what is the fund system-why it is established-how to establish it",the overall framework of the marine ecological damage compensation fund system and the specific The content of the system can be comprehensively perfected and perfected.Since the marine ecological damage compensation fund is a specific method of marine ecological damage relief,the first chapter discusses the concept of the marine ecological damage compensation fund on the basis of marine ecological damage and distinguishes it from the traditional environmental tort compensation fund.Qualitatively,it is a public welfare,compensatory' and non-profit legal person fund,which has theoretical support from ecological justice concept,sustainable development thought and socialized filling theory.This part is an analysis of what the marine ecological damage compensation fund system is.Chapter 2 briefly describes the deficiencies of Chinese existing marine ecological damage relief system,explains the necessity of improving the marine ecological damage compensation fund system,and demonstrates from three perspectives of national policies,legal regulations and the practice of the existing environmental protection fund The feasibility of establishing a marine ecological damage compensation fund system in China has laid the foundation for the following system construction.The third chapter of this article is to summarize and analyze the model of domestic and international marine ecological damage compensation fund system.Through the analysis of the specific practices of the International Oil Pollution Fund,the United States and Canada Marine Ecological Damage Compensation Fund,we explore and evaluate the operation of the fund source,compensation scope,management mode,etc.outside the region.Domestically,the ship oil pollution fund is currently a relatively representative practice.Through analysis of its nature and specific content,it is believed that in terms of marine ecological damage compensation,the ship oil pollution fund still has a narrow scope of compensation,imperfect compensation procedures,and a market defects such as insufficient adjustment.Through the above analysis,the enlightenment that the focus of China's marine ecological damage compensation fund system construction is the legal norms and perfect system design is drawn.Through the analysis of the first three chapters,we can see that Chinese marine ecological damage compensation fund system has not yet been established,which shows the problems of imperfect legal regulations,unspecific content,insufficient funding sources,and incomplete management systems.It is necessary to propose specific and feasible the recommendations of the paper make it constantly improve and develop,and finally make it meet the requirements of China's marine ecological protection goals,and promote.the realization of China's marine ecological balance.Chapters 4 and 5 of this paper consider the improvement of China's marine ecological damage compensation fund system as part of "proposing ideas" and"improving content".Chapter 4 mainly solves the framework problem of the fund system,improves the legislation of China's marine ecological compensation fund system,establishes a legal system combining basic law and administrative norms;establishes "combination of industry funds and comprehensive funds"Model,set up an industrial marine ecological damage compensation fund and a comprehensive marine ecological damage compensation fund separately.When an accident occurs and the fund is required to be compensated by the industrial fund,the industrial fund shall pay before the compensation,which exceeds the compensation scope of the industrial fund or exceeds the compensation of the industrial fund.If it is capable,the comprehensive marine ecological damage compensation fund shall be applied;clarifies the applicable conditions of the fund,etc.Chapter V deals with the specific content of the fund system,including the different sources of industry funds and comprehensive funds,the specific scope of payment of the marine ecological damage compensation fund,and the management mechanism.To determine the claimants of the fund on the basis of the eligible subjects in the Marine Environmental Protection Law and the Civil Procedure Law who have the right to claim marine ecological damage;establish a claim procedure and a monitoring mechanism for the operation of the fund,link internally and externally to protect the ocean The effective and safe implementation of the Ecological Damage Compensation Fund.So far,this article has completed relevant research on China's marine ecological damage compensation fund system.