Research On The Legal Problems Related To Compensation Fund For Oil Pollution Damage Of Ships In China

China is a veritable large country for marine transportation in the world,however,the time for the establishment of compensation fund for oil pollution damage of ships in China is short,the system develops slowly,the compensation provided to the victims of oil pollution damage of ships is insufficient and the protective effect for marine environment is not good compared with the international compensation fund system for oil pollution damage of ships.The problems existing in the compensation fund system for oil pollution damage of ships in China are mainly manifested as low legislative techniques,low standard for the collection of compensation fund system for oil pollution damage of ships,low limit of compensation for the personnel in charge of ships and conflicts for the definition of core concepts related to oil pollution damage of ships;incomplete legislation content,narrow source of compensation fund for oil pollution damage of ships,indefinite standard for the compensation,relatively smaller scope of compensation and unreasonable setup of compensation orders;judicial practice of compensation for oil pollution damage of ships in a mass,integration of compensation matters,insufficient capacity for compensation,unclear ways of claiming compensation process and refusing compensation relief and so on.In accordance with such problems,the incorrect concept of “highlighting the interests of ship owners” while “ignoring the marine ecological environment protection” should be changed in principle,then,it is required to actively engage in the agreement on international compensation fund for oil pollution damage of ships.Moreover,the interactive activities related to international compensation for oil pollution damage of ships should be carried out,the legislation and systems in this aspect should be constantly improved,which is conductive to providing reference for the improvement of compensation fund system for oil pollution damage of ships in China.The article introduces the background and legal origin for the development of compensation fund for oil pollution damage of ships first.Then,it sorts out the key linkages and legislative achievements for the development of compensation fund system for oil pollution damage of ships in China.Then,it focuses on judicial practice andintroduces the source of oil pollution damage of ships in China,the cases that have been compensated and the running of compensation fund for oil pollution damage of ships.Furthermore,it also points out that there are problems as lagging concepts,lagging legality,lagging law enforcement and so on existing in the legislation and practice for compensation fund system for oil pollution damage of ships in China.Then it analyzes the reasons for the problems existing in compensation fund system for oil pollution damage of ships in China and carries out relevant analysis in accordance with the problems proposed in four aspects which are respectively lagging running concept,limited legislative techniques,lower law enforcement efficiency and hindered system connection.The conclusion is: the unbalanced division and development of compensation fund system blocks for oil pollution damage of ships in China can not only hardly provide legal support for marine environmental governance,but also hardly reach the objectives of preventing pollution and developing marine shipping which are expected in the long run.And it introduces the agreement on international compensation fund for oil pollution damage of ships and the legal systems of some typical countries in compensation fund system for oil pollution damage of ships.In this regard,it enlightens China to take protecting the environment as the priority in terms of the development of compensation fund system for oil pollution damage of ships in China,realize the coordinated development between compensation fund system for oil pollution damage of ships and other measures for marine pollution control and persist on the concept of risk relief.At last,it proposes the relevant suggestions on the development and improvement of compensation fund system for oil pollution damage of ships in China,which is further divided into four aspects as reform of concept,legislation improvement,distribution system and improvement of law enforcement.By combining with the problems and the reasons analyzed,it puts forward the suggestions on improvement accordingly.Today,with the rapidly changing and development of international compensation fund system for oil pollution damage of ships,failing to catch up with the rhythm of international compensation fund system for oil pollution damage of ships will possibly lead to lagging behind in development,which thereby brings huge losses for the marine environmental protection and takes a serious toll on the development of marine shipping industry in China.Therefore,we must contribute to the improvement of compensation fund system for oil pollution damage of ships in China.