A Study On The Mechanism Of Claim Of The Civil Compensation For Oil Pollution Damage In China

This paper,on the basis of Chinese current legislative condition of oil pollution by ships,compare the claimant,claim object and claim procedure in Oil Pollution Act 1990 and Chinese law The purpose to do so is to make a few profitable suggestions for the establishment of the damage compensation system for oil pollution by ships, and provide an efficient and rational procedure for the damage compensation for oil pollution by shipsThe construction of this paper is as follows,Chapter 1,the summary of the establishment of the damage compensation system for oil pollution by ships. In this paper,the writer first introduces the definition of the damage compensation system for oil pollution by ships,including the claimant,claim object and claim procedure and discuss the significance of he establishment of the damage compensation system and further make a brief summary of its construction.Chapter 2,the claimant of the damage compensation for oil pollution by ships. In this chapter,the writer divides the claimants into three kinds:nature person,social groups and administrative authority.Then analizes the current conditon for claimant and finds out the existing problems:there is no clear definition about claimant,problems will arise when affirming the claimant under environment prosecution and there is no legal ground for administrative authority as claimant. According to the writer, there should be a clear definition for the claimant, nature person and some administrative authority can not be the claimant under environment prosecution.Chapter 3,the claim object for damage compensation for oil pollution by ships.In this chapter,the writer discusses the claim object for damage compensation for oil pollution by ships and finds that the standards for judging factors concerning foreign affairs is ambiguous.From the writer’s points,the current condition needs to change,a new standard should be provoked.Chapter 4,the claim object of damage compensation for oil pollution by ships.In this chapter,the writer concludes 4 kinds of procedures dealing with oil pollution by ships,and makes a brief appraisal of the timely announcement oil pollution,the effects of the administrative authority in dealing with oil pollution and pollution emergency fund.Chapter 5,the use for reference of Oil Pollution Act 1990 by us.In this chapter,First the writer introduces the background,features and significance of Oil Pollution Act 1990, basing on the claimant,claim object and claim procedures.Then he compares the difference between Chinese law and Oil Pollution Act 1990,by which way,he finds out that,the regulation on the claimant and claim object is relatively right,but there still are some problems on the claim procedures,such as there is no announcement after oil pollution,no oil pollution emergency fund and lack of efficiency and so on.At last the writer provides some suggestion for perfection.