Research On Judicial Relief Of Marine Environmental Pollution Damage

With the utilization of ocean,the problem of Marine environmental pollution becomes increasingly serious.There are interwoven interests in Marine environmental pollution damage,which lead to difficulties in judicial relief,but this problem can be effectively solved by means of classified research.The Marine environmental pollution damage can be divided into private interest damage,national interest damage and public interest damage by the method of typology.A special study of the main problems in the judicial relief of different damages can realize the comprehensive relief of Marine environmental pollution damage and form a systematic relief system of Marine environmental pollution damage.In addition to the introduction,this paper is divided into the following four chapters:The first part mainly introduces the definitions and characteristics of Marine environmental pollution damage,and the necessity of the typology research.The typology research is the "weapon" to solve the realistic predicament of the judicial relief of Marine environmental pollution damage.The Marine environmental pollution damage can be divided into private interest damage,national interest damage and public interest damage by the method of typologyThe second part mainly introduces the general and special problems of the judicial relief of the private interest damage.The private interest damage of Marine environmental pollution and the general tort damage have common characteristics in the basic right,right subject and liability principle,but the relief of Marine environmental pollution damage has particularity in the scope of compensation,burden of proof and application of representative lawsuit system.The third part mainly introduces the basis of the right of claim,the scope of compensation and the claimant of the judicial relief of the national interest damage.It's the property right of the natural resources violated in the Marine environmental pollution damage.Therefore,the scope of compensation for national interest damage relief shall be based on the restoration of property rights,and the Marine environmental supervision and administration department shall claim for damagecompensation on behalf of the state.The fourth part mainly introduces the acquisition of the litigation right,the subject of the plaintiff and its sequence in the judicial relief of the public interest damage of Marine environmental pollution.Marine environmental public interest litigation plaintiff through litigation take-on litigation.Due to the particularity of Marine environmental pollution events,it should be made clear that the Marine environmental supervision and administration department should be the plaintiff of the Marine environmental public interest litigation and take the first place,followed by the procuratorial organ,and finally,the environmental protection organizations,then form a diversified system of the plaintiff of the Marine environmental public interest litigation.