Research On The Limitation Of Liability For Marine Ecological Damages

In the disputes of marine environmental damage caused by ship oil pollution,the nature of "clean-up cost" caused by the emergency measures taken by the administrative organ for oil pollution disposal is often disputed between the Department with the power of environmental supervision and management and the person responsible for oil spill.It is of great significance for the balance of interests between the obligee and the obligor of compensation and the realization of the fairness of individual cases whether the expenses for cleaning up the pollution belong to the restrictive creditor's rights recognized by the limitation of liability for maritime claims.In terms of the application of law,the main steps are to analyze the cases first and then apply the sea environment law,maritime law,92 oil pollution protocol and other legal provisions respectively.However,although the above-mentioned laws are more or less related to the responsibility of marine ecological environment damage,there are serious maladjustment,disunity or even incongruity in the specific legal terms,which is easy to cause obstacles to the application of the law;secondly,the judicial practice of the dispute is mainly centered on the "cleanup cost",which is the restrictive determination of the subsequent costs of marine ecological restoration It is still in the fuzzy state of identification,and occasionally relevant judgments do not involve the theoretical explanation of specific cost limitation;thirdly,there is obvious conflict between the application of limitation of liability for compensation and the system objective of "compensation to the full" of ecological environmental damage liability in appearance,whether there is coordination possibility between the two and the possible imbalance of interest protection after compatibility,both need to be carried out In depth investigation and research.Therefore,the theme of this article is: in order to resolve the gaps in the limitation of liability for marine ecological damages in legislation and the doubts about whether the liability of liability for marine ecological damages can be limited in judicial practice,China's liability for marine ecological damages should be considered restrictive responsibility.The main reasons are: 1.Limitation of liability for damage caused by oil pollution damage from ships is the consensus of many international maritime liability conventions,and most of them include expressions of ecological environment restoration actions such as "reasonable restoration measures";2.The pilot program and the reform program,while stipulating "compensation shall be made as much as possible",stipulate the ecological damage in civil law and resource environment law;3.From the perspective of interpretation theory,the scope of liability for marine ecological damage is highly compatible with the scope of liability for maritime compensation.It can be said that there are laws to establish the limitation of liability for marine ecological damage in China,and it is in line with the consensus of the international community.At the same time,in order to solve the possible adverse problems of ecological environment protection caused by the restrictive provisions on the liability of the responsible person for marine ecological damage,this paper puts forward the proof system of payment capacity,the priority of compensation,the increase of liability limit and the secondary compensation mechanism of shipper's Fund,so as to achieve the winwin results of marine ecological protection and marine development.