On Fishery Damage Compensation Under Oil Pollution Damage From Ship Collision In My Country

The fishery damages caused by oil pollution caused by ship collision in China include direct and indirect economic losses.With the continuous development of China’s coastal shipping industry,the number of ship collision accidents in China’s sea area is increasing,and oil leakage accidents occur from time to time.In terms of legislation,our understanding of fishery resources is not unified,and there are no specific provisions on fishery resources in the current law;On the subject of claim,the qualification of litigation subject between the state and the administrative organ is not clear;The ambiguity of fishery resources damage liability includes the ambiguity of compensation subject and the difference of compensation liability proportion;In principle,the basic principle of "who pollutes,who is responsible" for fishery resources damage is limited to the summative law rather than the basic principle;There are disputes on the scope of compensation for pollution removal and the scope of compensation for medium and long-term losses of natural fishery resources.In judicature,the compensation of fishery resources recovery cost has not been paid enough attention and the qualification of litigation subject is not clear.How to solve the damage compensation of fishery resources is a core problem.At present,the protection of fishery resources is faced with great problems.From the perspective of the subject of claim,when the oil spill causes damage to the country’s fishery resources,the state has the right to act as the subject of claim.However,those who have the right to file a lawsuit are the administrative departments that exercise the power of marine environment supervision and management,as the legal representative of the state,to file a lawsuit in the name of the state;When the oil pollution damage area is aquaculture area,the qualified plaintiff should be fishermen and farmers.As for the subject of compensation,the aggrieved party can make a corresponding claim only after the corresponding responsible party is determined.With the different choice of collision claim or environmental pollution claim,the responsible party and the specific responsibility of the collision ship are different.There is a certain lag in the oil pollution damage fund system under the limitation of liability for maritime claims,which can not match the current situation.And the principle of no fault liability has corresponding limitations in practice.In the future,China should first determine the extension and connotation of fishery resources damage in the face of oil pollution damage caused by ship collision,and adhere to the principle of strict liability as the leading principle and the principle of fault liability as the supplementary principle.Secondly,we should increase the limitation of liability for maritime liability claims and the exemption clause,increase the limit of oil pollution damage fund,increase the limit of oil pollution damage fund,expand the scope of oil pollutants and cancel the order of oil pollution compensation items.In the compensation for oil pollution damage from ships,we should improve the special fund for marine ecological environment restoration,continuously increase the support of the fund for oil pollution damage compensation for marine ecological environment restoration,establish the special fund for marine ecological environment restoration for marine environment restoration.