Study On The Compensation Liability Of Marine Pollution Damage

Today, the twenty-first century is the century of oceans, marine life is thesupporters. She not only provides inexhaustible biological resources for mankind,waste pollution and selfless absorption produced by human activity. However, withthe development of society, the increase of population, the population of the worldcontinues to focus on the coast, overfishing of marine organisms in the increasinglyscarce resources, cause coastal industrial work environment. In recent years, peoplebegan to realize that we created an indelible damage to nature, we should protectenvironment.In June4,2011, China has the Gulf of Bohai oil spills in Penglai19-3oilfield.This is China’s first oil spill accidents. The accident caused serious pollution to themarine environment in Bohai, but the marine protection legal system is not perfect,damage to the residents of compensation for damage in the request right protection,encountered many difficulties, even the State Oceanic Administration Litigationactivities are obstacles of heavy, fully exposed the defects of the legal system ofcompensation for my current pollution damage to the marine environment, perfectionof legislation and judicature.1954,"International Convention to prevent oil pollution" signed ushered in anew era of international marine environment system. In1973the "United NationsConvention on the law of the sea", is an important source of modern international lawof the sea, the legal status is irreplaceable. We through the "International Oil PollutionLiability Convention" and "international oil pollution fund Convention" in Novemberof1992, based on a set of international rules of the problem. Compared with theinternational community and the developed countries, our country about theprotection of the marine environment and marine pollution damages legislation startslate, nineteen seventies, China began to participate in the construction of internationalmarine environmental system. With the rapid development of the great cause ofsocialism in our country, the protection of the marine environment demand is strong,the protection of the marine environment and marine pollution damage compensation legislation also gradually improve. At present, China has formed a "constitution" asthe basis, in order to "environmental protection law" as the basis, to the marinerelated laws, regulations and standards as a supplement, the legal system for theInternational Convention and the socialism with Chinese characteristics of theprotection of the marine environment and marine damage.Our country has experienced more than20years of continuous efforts, initiallyestablished the marine environmental legal system, but the implementation of the lawof the sea in China more than20years of judicial practice, the marine environmentalpollution incidents continue to emerge, fully exposed many shortcomings in ourcountry in the protection of the marine environment and marine pollution damages.First of all, the marine environment protection law of our country has not formulatedby the National People’s Congress Standing Committee, and the "marineenvironmental protection law" implementation, supporting laws and regulationsrelated to no be revised, and even many marine environmental standards, there arestill a lot of gaps. In places, our country also lacks for each jurisdiction of seaenvironment administrative regulations. Secondly, the environment legalityconstruction, establish public interest litigation system is to represent the generaltrend. China’s new "Civil Procedure Law" clearly established a public interestlitigation system, which is a great progress in our country in the legislation, but thesubject of public interest litigation rights conferred by the new "Civil Procedure Law"in law is only limited to the "law of the relevant organs and organizations", and not to"personal rights". Finally, in addition to dispute litigation subject qualification, theamount of compensation is another major concern. For the Penglai oil spill accident,in accordance with the "provisions of marine environmental protection law" and the"average" assessment guidelines, the State Oceanic Administration of Kang Fei(China) made a fine of ceiling in law provisions--"two hundred thousand yuan"decision, this law was too old, but in practice, quantitative damage to the environmentthan rely on expert, the court in determining the oil pollution damage compensation,there is not an objective criterion for absolute. And the amount of compensation forthe so-called not just compensation for the damage that has occurred, according to theinternational conventions and national laws and practices, the ocean pollution caused by the loss of specific projects damages are usually composed of clean-up costs,pollution caused by the tangible property loss or damage, pure economic loss, damageto marine environment. These are the needs of China’s law.In this paper, through the comparison of current situation domestic andinternational marine legislation, aimed at some limitation of the China’s marinelegislation, bold and made their ideas. First of all, our country can through theestablishment of legislative model, formulated "China Maritime Law", the relevantlaws and regulations to guide China’s marine legislation; secondly, China’s relevantlaws and regulations shall be specified ocean marine damage compensation project,evaluation method, compensation standard and other contents, make compensationcase law of marine damage, according to follow; finally, China should conform to theinternational community, the establishment of environmental public interest litigation,plaintiff qualification and give social groups, non-governmental organizations andindividuals to participate in litigation, and jointly safeguard China’s marineenvironmental public interest.