In-depth Legal Research On Compensation For Losses Caused By Vessel Oil Leakage

With the development of marine resources as a national strategy,the significance of marine resources and environment is becoming more and more important.Cases of oil leakage compensation caused by ship collision have been an important issue in China's maritime justice,there are many difficulties in hearing the cases of compensation for oil pollution damage from ships.Such as unclear responsibility for oil pollution damage,ambiguous concept of marine ecological damage,difficulty in determining the amount of damages and the scope of compensation for ship oil pollution.In our country,the traditional tort law theory is not involved in the determination of the scope of environmental pollution and the amount of marine environmental pollution.Even the legal system of compensation for damage to the marine pollution in our country has been developed and has solved the difficult problem that the traditional tort law can not deal with in some aspect.However,it is necessary to improve the existing legalsystem to fully and quickly resolve the case of marine environmental damage.In the perspective of "Maxima" ship collision discharge oil pollution compensation cases,this article focus on the legal application of domestic ship source pollution damage compensation in China.This paper intends to provide the practical suggestions to build a complete Chinese oil problem legal mechanism,via the international law system research.In fact,the legal system of ship source oil pollution carries a deep meaning while this paper is in the perspective of oil pollution damage compensation,in combination with the case analysis.Chapter 1,through the elaboration of the “Maxima” ship and“JINGFAN 1” ship collision accidents of oil spill,it introduces the plight of the ship oil spill compensation cases encountered in the judicial practice in our country.It mainly analyzes the impact of some difficulties on the environment and fishermen and other vulnerable groups,such as liability subject of compensation,scope of compensation and quantification of damage.Chapter 2 is based on the legal analysis of compensation dilemma,that introduces the differences of the application of the law in the judicial practice of domestic ship oil pollution damage cases in respective of law application.In addition,this chapter draws the conclusion that spill oil tort liability principle of compensation should include the following principles:the principle of full compensation,restitution principle,loss of balance principle,equity principle and principle of liability limit,by comparing the principle of compensation for oil spill.Chapter 3 mainly introduces the legal background of the compensation for the oil spill,and describes the present situation and the trial practice of the legislation of China's oil spill pollution,by referring to international conventions.As China has become the world's second largest importer of crude oil,imports of goods,China's oil pollution problems have become increasingly prominent.However,our country lacks a set of independent and perfect legal system of ship oil pollution,and legal provisions lack of concrete till now.This is the main reason for the inconsistence incurred in the judicial practice of compensation for oil pollution damage in China.Chapter 4 deal with the following problems existing in the judicial practice of China's Maritime: unknown damage compensation liability subject,fuzzy concept of marine ecological damage,difficult to quantify damages,identify unknown of the determination of the scope of compensation for ship oil pollution and so on.The writer made corresponding countermeasures and suggestions from three levels: the scope of compensation,evaluation method and subsequent use of compensation.