On Compensation Fund Of Oil Pollution Damage

China is a country of vast maritime territory and abundant sea resources. Along with the rapid development of sea carriage industry, fatal accidents of oil pollution happen all the time, which causes serious damage to life and property of the public. However, in accordance with the relevant provisions of International Convention on Civil Liability for Oil Pollution Damage, which had been accepted by China, victims of oil pollution accidents can not obtain enough compensations for the damage that they suffers. To solve the problem of compensation of oil pollution damage is our first imperative. In this paper, author discusses the importance of the construction of Chinese compensation fund, and puts forward detailed provisions that should be adopted in construction.This article can be divided in three parts. The author details the content of the compensation fund of oil pollution damage of international convention and foreign country step by step, so as to give the example for designing the policy of compensation fund of oil pollution damage of China.Chapter 1 gives a general overview of the compensation fund of oil pollution damage. Firstly, author defines the terms that apply in the paper, including "ship" , "pollution damage" and "compensation fund" . Secondly, author discusses the reasons of necessity to construct compensation fund, which lie in not only the insufficiency of compensation just from ship-owners, but also the principle of beneficiary pays. So owners of oil shall assume responsibility for the compensation of oil pollution damage. And at last, author gives a brief introduction of international conventions on compensation fund, including the International Convention on the Establish of International Fund for Compensation for Oil Pollution Damage, 1971 and 1992.Chapter 2 enumerates the three compensation mechanisms that operate as international practices. There are mechanisms of operating according to both Civil Liability Convention and Fund Convention, according to domestic fund regulation, and according to both domestic regulation and abroad fund conventions. Then, author analyzes advantages and disadvantages of accepting the international fund convention. With the analysis of necessity and feasibility of stipulating domestic fund regulation, author puts forward that China should build its own fund regulation.Chapter 3 makes a detailed discussion on the construction of compensation fund. With the listing and comparing of relevant provisions of both international conventions and regulations of other countries, author puts forward some opinions on the specific provisions, including contribution of fund, the operating mode of fund and the constitution of fund.The author wishes to provide some legislation suggestions for related bureaus before the compensation fund regulations of oil pollution damage promulgate.