Research On The Improvement Of Public Compensation System For Ship Oil Pollution In China

With the development of shipping industry,ship oil pollution has become a major source of Marine environmental pollution.In recent years,many ship oil pollution accidents in China have attracted great attention from all walks of life.It has become a recognized problem to solve the adverse effects of ship oil pollution damage.This paper has not yet formulated the ship oil pollution public damage compensation system of specialized legislation and regulations under the premise of relatively scattered,analyzes the relevant legal provisions of the ship oil pollution public damage compensation,international conventions and foreign special oil pollution law,combined with the present situation of the ship oil pollution in China,to improve the basic conditions of the ship oil pollution public damage compensation system put forward corresponding Suggestions.This paper will conduct a systematic research from the following five aspects: First of all,Starting with the concept category of ship oil pollution damage,the particularity of public welfare damage compensation is briefly introduced,and the legislative situation is summarized by enumerating the legal origin.The second part demonstrates the setting of the liability attribute for public welfare damages.It is pointed out that the existing legislation assigns the attribute of liability for public welfare damages as civil liability,demonstrates that its attribute should be administrative liability,and corrects the legislation.The third part will mainly discuss the relevant subjects of the ship oil pollution damage compensation.It discusses the subject of responsibility and the subject of claim respectively,points out the deficiencies of the establishment of laws and regulations,and puts forward suggestions for the legislative improvement of the identification standards of relevant subjects.The fourth part mainly discusses the scope of public damage compensation for ship oil pollution.This paper analyzes the dispersion and narrowing of the scope of public welfare damage compensation from the legislative status quo,and puts forward a perfect path from four aspects: determining the compensation principle,standardizing the application of legislation,determining the specific compensation items and unifying the unified evaluation system.The fifth part discusses the limitation of liability for oil pollution.First,the legislative provisions on the limitation of the liability are introduced,the deficiencies are pointed out,then the legislative provisions outside the region are analyzed and summarized,and finally the suggestions of supplementing the legislative provisions and raising the quota value are put forward.