Research On The Improvement Of The Legal Regime Of Ship-source Oil Pollution Compensation Fund In China

This dissertation focuses on the issues existing in the legal regime of Ship-source Oil Pollution Compensation Fund in China and analyzes these issues combining with the cases published by Chinese Ship-source Oil Pollution Compensation Fund Settlement Centre.In addition,this dissertation analyzes the claim requirements of the persons suffering the oil pollution damage and compares the differences in legal regime between Chinese Ship-source Oil Pollution Compensation Fund,the International Oil Pollution Compensation Fund and the American Oil Spill Liability Trust Fund to put forward feasible suggestions on the improvement of the legal regime of Ship-source Oil Pollution Compensation Fund in China.The dissertation consists of three parts as the introduction,text and conclusions.The text adopts the methods of case analysis,comparative research and quantitative analysis.The text consists of four chapters and the specific content of each chapter is as follows:Chapter I “Current situation of the legal regime of Ship-source Oil Pollution Compensation Fund in China”,based on the theoretical and legal basis of the establishment of Ship-source Oil Pollution Compensation Fund(hereinafter referred to as the “Fund”)in China,mainly analyzes the whole cases published by the Chinese Ship-source Oil Pollution Compensation Fund Settlement Centre,and induces the core issues of the Fund in the compensation scope,compensation limit and compensation method.Chapter II “The compensation scope of Ship-source Oil Pollution Compensation Fund in China”,mainly focuses on the issues that the compensation scope is too narrow.This Chapter points out two important issues in the current legal regime with respect to the compensation scope:(1)the geographical scope of compensation is too narrow;(2)the compensation scope is inconsistent with the provisions of the relevant Chinese laws and judicial interpretations of the Supreme People’s Court.In response to these two issues,combined with the basis of theory and the experience of other international oil pollution compensation funds,this Chapter puts forward some suggestions on appropriately expanding the compensation scope of the Fund:(1)extending the geographical scope of compensation;(2)adjusting the compensation scope to coordinate with the judicial interpretations of the Supreme People’s Court.Chapter III “The compensation limit of Ship-source Oil Pollution Compensation Fund in China”,mainly focuses on the issues that the compensation limit is too low.This Chapter points out two important issues in the current legal regime with respect to the compensation limit:(1)it is not in line with the extent of damages caused by the oil spill accident in China;(2)there is a big gap between the compensation limit of the Fund and other international oil pollution compensation funds.Based on the principles to be followed in determining the compensation limit,this Chapter discusses the specific ways to increase the compensation limit of the Fund to RMB200 million Yuan per an accident.Chapter VI “The compensation method of Ship-source Oil Pollution Compensation Fund in China”,mainly focuses on the issues that the compensation method is not reasonable.This Chapter points out two important issues in the current legal regime with respect to the compensation method:(1)the priority of compensation conflicts with the general provisions of the other international oil pollution compensation fund;(2)the early emergency measures lack the Fund’s support.In response to these two issues,by drawing on the advanced experience of the International Oil Pollution Compensation Fund and the American Oil Spill Liability Trust Fund,and combining with the actual situation of the Fund,this Chapter puts forward feasible suggestions for improving the compensation method of the Fund:(1)the priority of compensation should be deleted;(2)the oil spill emergency sub-fund should be set up.The conclusions summarize how to improve the legal regime of the Fund.The main innovations of the dissertation are as follows: firstly,pointing out the core issues in the legal regime of the Fund being the compensation scope,compensation limit and compensation method;secondly,putting forward suggestions for appropriately extending the scope of compensation,increasing the limit of compensation and improving the method of compensation;thirdly,proposing to extend the geographical scope to inland waters adjacent to the sea and,to increase the compensation limit to RMB200 million Yuan per an accident,to delete the priority of compensation and set up an oil spill emergency sub-fund.