Research On The Compensation For Pure Economic Loss Due To Ship-sourced Oil Pollution

Pure economic loss has always been controversial in the field of tort law.In recent years,the discussion on the subject of compensation and the scope and standard of compensation has become increasingly hot.In many past legislations,the compensation for pure economic loss mostly adheres to the principle of no compensation at all,which cannot effectively solve many problems in the field of contemporary tort With the continuous improvement and progress of legislative policy,in some special areas,pure economic loss has gradually entered the scope of protection.In the field of ship oil pollution,the problem of compensation for pure economic loss is particularly prominent.Many oil spill accidents caused by ship collision have caused great damage to the marine ecological environment,but also have a negative impact on the income of fishermen and the income and survival of tourism merchants around the coast.Some of the losses belong to the category of pure economic loss,which is particularly important for the establishment of compensation responsibility judgment standard.However,at present,the special research on pure economic loss caused by ship oil pollution is still insufficient.Most of the existing literatures stay in the summary of foreign literature,the comparative analysis of foreign systems and theories,and the introduction of foreign claim mode,rarely involving the elements and policy factors needed for the determination of compensation liability for pure economic loss caused by ship oil pollution,even less Deep level,multi angle and multi-disciplinary theoretical discussion and legal analysis.This paper will use comparative research method,case study method and law and economics research method,follow the general idea of "putting forward problems,analyzing problems and solving problems",adopt the method of combining theory with practice,start with the concept and characteristics of pure economic loss,fully absorb the research results of scholars at home and abroad,clarify the basic attributes of pure economic loss,and make pure economic loss Make a simple summary and classification,and through the judgment standard of pure economic loss in the field of general tort,find out which losses in the field of ship oil pollution belong to pure economic loss.Secondly,it summarizes the problems existing in the legislation and judicial practice of the pure economic loss of ship oil pollution in China from two aspects:general infringement and ship oil pollution infringement.Thirdly,combined with the legislative principles and cases of the determination of pure economic loss liability in common law system,civil law system countries and international treaties,based on the general elements of tort liability law,this paper discusses the determination standards of pure economic loss liability for ship oil pollution and the distribution methods of burden of proof.Finally,in view of the deficiencies of our legislation and judicial practice,combined with the reality of our country,drawing lessons from the legislation and international treaties of various countries,this paper puts forward suggestions for improving the compensation system for the pure economic loss of ship oil pollution in China from two aspects:establishing the standard framework of dynamic system and clarifying the burden of proof.