On The Compensation Scope Of Marine Eco-Environmental Damage

Since the Industrial Revolution,the situation of marine eco-environment damage has been frequent.In the two major sectors of damage compensation,the first part of physical,spiritual and property damage compensation has been regulated by civil law,tort law and other laws,with a complete system and strong operability.However,the second part of marine eco-environment damage compensation is the lack of legal regulation.At the same time,due to the urgent need of current marine related judicial practices,this paper intends to study the compensation scope of marine eco-environment damage.Start with the basic outline and theory into the scope of compensation,then the horizontal with the arrangement and summary about current situation of legislation and the longitudinal with the analyzation and exposition about cases and data,teasing the current difficulties of the scope of damage compensation,finally improving suggestions according to the theory.In the implementation way,specify the range of compensation legal forms and put forward the viewpoint on establishing its self-circulation mechanism.The first chapter starts from the policy,basic concepts and characteristics,focusing on analyzing and testing the theory which the scope of compensation for marine eco-environmental damage based on.In the theory of environmental tort liability,we should limit the compensation of "double illegality" on the premise of not pursuing its fault;In the theory of environmental rights,point out that environmental obligations should not be over-advocated while environmental rights and interests should be legalized.In the theory of state ownership of natural resources,state custody of all natural resources is more reasonable relative to the private citizens,which is also the basis of their claims.In the theory of damage compensation socialization,the society should reasonably share the marine damage through multiple ways.In the second chapter,firstly understand the current situation of domestic legislation through summarizing the normative texts,and then,with the help of practical trial experiences and typical cases analysis,point out the practical problems in the three aspects of marine eco-environmental damage compensation: fuzzy definition,limited content and lack of supporting mechanism.The third chapter begins from the internal compensation scope to improve,that is,to increase the net economic loss,environmental capacity loss,fishery loss,cultural loss four,and analyzes the theoretical basis accordingly.Then complete from the external,and put forward a new form of legal representation of the compensation scope after classification processing in the part one about the legislative level.Innovatively proposes the establishment of a self-circulation mechanism of the legal system of marine eco-environmental damage compensation in the part two about the specific measures.Promote the development of the marine self-damage compensation system.