Study On The Legal System Of China Ship Oil Pollution Compensation Fund

With the occurrence of several huge oil spill accidents,the international oil pollution legislation is gradually improved,and China has also established the compensation fund for ship oil pollution damage accordingly.In 2012,the Ministry of Finance and the Ministry of Transport jointly issued the Measures for the Administration of the Collection and Use of the Compensation Fund for Ship Oil Pollution Damage,marking the formal establishment of the compensation fund for ship oil pollution damage in China.In 2015,the establishment of the claims center marked that China’s fund officially stepped into the new journey of claims work.The purpose of establishing the compensation fund for oil pollution damage from ships is to solve the shortage of compensation paid by shipowners,ensure the oil pollution victims to get adequate compensation and protect the Marine environment.However,as the fund is still in its initial stage,there are some problems,such as unclear subjects of claim settlement and litigation,unclear legal relationship of claim settlement,narrow scope of compensation,slightly rigid expropriation method,imperfect provisions of relevant supporting systems,etc.,and insufficient protection for the victims and the Marine environment.How to solve the above contradiction and construct a scientific fund operation system is the key research problem of this thesis.In addition to the introduction and conclusion,there are five chapters in this article.The first part explains the legal attribute of fund in our country.China’s fund lacks Independent legal person status,internal organization is chaotic,and its activities are restricted.In addition,the fund has the characteristics of compulsory and relief,and the administrative color is strong.This article also discusses the nature of administrative actions from the aspects of the right source and subrogation of fund claims,and analyzes whether it is litigable.The second part studies the standard and scope of fund collection in our country.China’s fund collection standard is only 0.3 yuan per ton,and only on the import of persistent oil owners levy,unable to meet the needs of the fund operation and development.This article explores the origins of the current expropriation standards and scope from the economic and historical perspectives,cites the example of the "SANCHI" to demonstrate the practical reasons for the urgent need to reform the expropriation standards and scope,and draws on the expropriation methods of foreign oil pollution funds,puts forward suggestions for flexibility in adjusting the collection standards and expanding collection channels.The third part discusses the defects in the fund claims settlement in our country.In China,the scope of fund claim settlement is narrow,indirect loss and pure economic loss of fishery and tourism industry,as well as the expected recovery measures,are not covered,which is not in line with the international practice and the liability of Chinese shippers.Secondly,the fund’s sequential claim settlement method leads to a single claim item,and most of the expenses are declared in the emergency expenses.Due to the lack of transparency of information disclosure and guidance methods,the practice of fund claim settlement in China is not scientific and rigorous.Finally,the scope and methods of compensation for the International Oil Pollution Compensation Fund and the US Oil Spill Liability Trust Fund are introduced,and some experience that my country can learn from.The fourth part analyzes the system of subrogation of the fund.First,it analyzes the similarity between the right of subrogation in the fund and the right of subrogation in the insurance law.Secondly,it discusses that when the fund subrogation right conflicts with the remaining rights of the claimant,the claimant’s right should be given priority.Finally,it analyzes the insufficiency of the statute of limitations for the right of subrogation.The statute of limitations should be calculated from the time when the fund obtains the right of subrogation.The fifth part puts forward some suggestions on the improvement of the internal mechanism of the fund,the adjustment of the collection standard and scope,the adjustment of the scope of compensation and the limit of liability,and the refinement of the supporting system.It emphasizes the division of the internal power organization of the fund and the cooperation with external organizations,especially the information disclosure should be further strengthened.In terms of the scope of compensation and the limit of liability,more flexible means can be used to meet the needs of current practice...