Study On Legal Issues Of Damage Compensation For Marine Pollution Aquaculture

China is rich in marine resources and has a long coastline.The marine resources available for aquaculture are very rich.The proportion of marine aquaculture industry in China’s total fishery production is increasing year by year.However,at the same time,aquaculture infringement caused by marine pollution is also increasing year by year.Such cases are characterized by high frequency,wide coverage and serious harm.These pollution accidents often cause great damage to the local marine aquaculture industry.However,when dealing with marine pollution aquaculture damage cases,the judicial practice department is not clear about the qualification of the claim subject,the scope of damage compensation and the allocation rules of the burden of proof,When the court tries such cases,the phenomenon of different judgments in the same case occurs from time to time,which seriously damages the legitimate rights and interests of farmers.This thesis aims to analyze the existing problems and put forward corresponding improvement suggestions on the basis of relevant laws and judicial practice.In addition to the introduction and conclusion,this thesis is divided into five chapters:The first chapter introduces the basic problems involved in the damage of marine pollution and aquaculture.Firstly,it defines the concepts of marine pollution and aquaculture damage respectively,and expounds under what circumstances the pollution can constitute the marine pollution studied in this thesis and what kind of damage belongs to aquaculture damage.At the same time,compared with ordinary civil tort damage cases,it summarizes the unique characteristics of marine pollution and aquaculture damage cases,and finally summarizes China’s legal provisions and international conventions on marine pollution and aquaculture damage.The second chapter makes a detailed analysis around the claim subject of marine pollution and aquaculture damage.Firstly,it analyzes the identification of the general claim subject of marine pollution and aquaculture damage cases.Secondly,it discusses the judgment of the legitimacy of the subject qualification under the circumstances of transfer and subcontracting.Finally,it discusses the special claim subject in marine aquaculture pollution damage cases,and analyzes the villagers’ committee,illegal farmers Whether the fishery mutual protection association can have the qualification of claim subject.The third chapter studies the scope of compensation for damage caused by marine pollution and aquaculture.This chapter distinguishes between legal farming and illegal farming,and discusses the scope of compensation respectively.In the case of legal breeding,the scope of breeding loss includes direct economic loss and indirect economic loss.In the case of illegal breeding,combined with a large number of judicial cases,this thesis analyzes and comments on the four views existing in reality,and comes to the view that the scope of damage compensation should be based on the market price and the joint compensation for costs and benefits.The fourth chapter studies the distribution of the burden of proof in the case of marine pollution and aquaculture damage,and mainly discusses the distribution of the burden of proof of the causal relationship between marine pollution and aquaculture damage.Marine pollution aquaculture damage cases usually belong to environmental pollution infringement cases,which apply no fault liability and implement the inversion of the burden of proof.The infringed only bears the burden of proof for the basic facts.However,in aquaculture damage cases involving ships,different claims will arise.Due to different claims,the applicable laws and regulations are also different,so the principle of imputation will be changed accordingly.The fifth chapter,combined with some practical problems revealed in Chapters 2,3and 4,will put forward corresponding suggestions on the "two certificates" of farmers,the calculation method of the scope of compensation for illegal aquaculture,and the proof standard of causality,in order to better safeguard the legitimate rights and interests of all parties and properly deal with the cases of compensation for aquaculture damage caused by marine pollution.