Research On The Scope Of Compensation For China’s Marine Ecological Environmental Damage

In the process of Marine exploitation,unreasonable exploitation will cause serious damage to Marine ecological environment.At present,the legal system of compensation for damage to Marine ecological environment in China is not perfect.Although the Marine Environmental Protection Law and other laws and regulations have stipulated the protection of Marine environment and Marine resources,there are still many problems in the compensation system for damage to Marine ecological environment.That was introduced in 2018,the Supreme People’s Court on the trial of Marine natural resources and ecological environment damage compensation disputes provisions on some issues of filled in the Marine environmental protection in our country judicial operation and Marine repair field blank,but the scope of the compensation of damage to the Marine ecological environment is still not a unified regulation,which will result in a claim in the judicial practice lack overall effective support project,cannot adequately compensate for loss.The confusion in judicial practice "forces" the academic circle to carry out research.To accelerate the process of Marine ecological environment damage compensation scope of legislation,set up scientific system of Marine ecological environmental damage compensation for Marine ecological environment in the practice of damage compensation points out that the way to solve the above problem,can better protect the Marine ecological environment,for scientific and reasonable development and utilization of Marine resources,realize the sustainable healthy development of human beings has important practical significance.In this paper demonstrates the theoretical foundation of the Marine ecological environmental damage compensation in our country,analyzes our country at present on the Marine ecological environmental damage compensation scope of legislative and judicial shortcomings,draw lessons from China’s accession to the international conventions and foreign relevant provisions on the Marine ecological environmental damage compensation,puts forward the principles of Marine ecological environmental damage compensation scope and specific provision,and improve the corresponding damage assessment system,construction of Marine ecological environmental damage liability insurance system and the system of special fund and a series of supporting system,so as to promote the improvement of the system of Marine ecological environmental damages.In addition to the introduction and conclusion,the main body of this paper consists of five parts:The first part discusses the concept differentiation and theoretical basis of Marine ecological environmental damage,defines and compares the related concepts involved in the paper,summarizes the nature of Marine ecological environmental damage compensation,which belongs to the category of public interest litigation,and demonstrates the theoretical support of Marine ecological environmental damage claim in China.The second part discusses the definition of the scope of compensation for damage to the Marine ecological environment.Starting from the source of damage to the Marine ecological environment,the object of damage to the Marine ecological environment can be classified into two categories,that is,damage to the Marine ecological environment and damage to the natural fishery resources.After "Civil Code" comes into force,according to the scope of compensation for ecological environmental damage and other relevant provisions in other maritime legal documents,the scope of claims for damage to Marine ecological environment is summarized,which includes the cost of preventive measures,the cost of repair,the loss of permanent damage to function,the cost of repair period and the cost of investigation and evaluation.The third part of combing the actual state of legislation in the Marine ecological environment compensation and typical cases.This paper expounds the current provisions on the scope of compensation for Marine ecological environmental damage in China,summarizes the existing problems in the scope of compensation for Marine ecological environmental damage in China,and lays a foundation for the discussion of the scope of compensation for Marine ecological environmental damage and related systems in the following paper.The fourth part examines the scope of compensation for damage to Marine ecological environment from the perspective of comparative law.This chapter firstly sorts out and analyzes the scope of compensation for Marine ecological damage in international conventions and foreign legislation.On this basis,it draws on the successful experience of international conventions and other countries’ legislation to reflect on the current legal system of compensation for Marine ecological damage in China.It is suggested that China should unify legislation,establish the scope of compensation for Marine ecological environmental damage,perfect the evaluation system of Marine ecological environmental damage and construct the system of Marine ecological environmental damage compensation fund.In the fifth part,the scope of compensation for damage to Marine ecological environment in China is improved.First of all,it demonstrates the basic principles for the establishment of the scope of compensation for Marine ecological environmental damage in China,and puts forward three basic principles centered on ecology.Secondly,under the guidance of the basic principles,the concept and scope of Marine ecological environmental damage in China are discussed and analyzed.Finally,to improve the scope of compensation for Marine ecological environmental damage in China,it puts forward some suggestions to improve the relevant supporting systems.