The Type Analysis Of The Responsibilities Of Ship Oil Pollution Damage Compensation In China

So far,China has no special legislation on compensation for oil pollution damage from ships,and the most important prerequisite for solving the problem of compensation for oil pollution damage from ships is the identification of the responsible party for oil pollution damage from ships.According to the international practice of compensation for oil pollution damage from ships,the owner of the ship is usually regarded as the subject of oil pollution liability.However,as China regulates the benign development of the shipping and shipping industry,it is regulated as a restrictive business: the operation and management of the water transportation industry must first obtain the qualification certificates issued by the relevant departments.In reality,many ship owners in China are self-employed or enterprises without operating qualifications.In order to avoid the operational risks of laws andpolicies,new situations such as ship berthing operations,bareboat charter and“convenience flag” ships have emerged in practice.At the same time,China's laws apply "registration confrontationist" to the establishment,transfer,and elimination of ship ownership,that is,"registration" is not an effective element for the change of ship's property rights,but only an antagonistic element,resulting in a ship's legal object.The phenomenon that the owner of the rights is separated from the de facto owner,that is,the registered owner of the ship is different from the actual owner of the ship.However,our country's laws do not clearly stipulate this.Therefore,in the practice of compensation for oil pollution damage,there are controversial issues concerning the determination of the subject of oil pollution liability.Law has the function of social norm.To regulate social order and maintain social stability,law must adapt to the development of practice and solve the new problems in practice.According to this,this paper specifically identifies the main body of oil pollution liability according to the situation that the legal owner and the factual owner of the ship are separated under the registration confrontation in China.The first chapter mainly analyzes the main body of liability for compensation for oil pollution damage from a macro perspective: firstly,it defines the scope of the main body of liability for oil pollution under the system,so as to determine the basic framework,direction and focus of the research;secondly,it analyzes the causes and manifestations of the separation of the legal property owner and the real property owner of the ship in China: Ship affiliated operation,bareboat leasing And "convenient flag" ship,combined with the domestic and foreign legislative status ofthe main body of the liability of ship oil pollution,summed up the serious deficiencies and long-term shortcomings in the current legislation in order to explore the way to improve.Chapter two,chapter three and chapter four respectively analyze the specific identification of the main body of oil pollution liability in the three cases of ship affiliated operation,bareboat charter and "convenient flag" ship.In the case of ship's affiliated operation and bareboat charter,the main factors affecting the determination of the subject of oil pollution liability are the definition of the legal nature of the ship's affiliated operation and bareboat charter registration.In the case of "convenient flag" ship,the difficulty of the determination of the subject of oil pollution liability lies in the determination of the liability of "single ship company".Due to the fuzzy legal nature of relevant issues and other factors,there are different types in each specific situation.Therefore,in order to make clear the main body of compensation for oil pollution damage,it's necessary to make clear the relevant issues by legislation and pay attention to the type analysis of the main body of oil pollution liability.Finally,this paper analyzes,summarizes and summarizes the various difficulties in the identification of the subject of liability for oil pollution damage under the three situations of ship affiliated operation,bareboat charter and ship flying "flag of convenience",and further puts forward the paths and legislative Suggestions for improvement.