A Study On The Scope Of Compensation For Marine Ecological Environment Pollution Damage

With the rapid development of our country’s marine economy,the problem of marine pollution has become increasingly severe.Regarding pollution damage to the marine ecological environment itself,my country’s current laws lack relevant specific regulations,resulting in the ambiguity of the scope of compensation for marine ecological environmental damage in practice,and the inconvenience of operation has led to disputes.Therefore,in order to improve the legislation on the scope of compensation for damages to the marine ecological environment in our country,the author has conducted relevant discussions.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter combs the legislation and judicial practice of the scope of compensation for marine ecological environmental pollution damage in our country,and concludes that the current legislation still has problems such as obsolete legislative provisions,unclear definition of related concepts,and unclear and inconsistent scope of damage compensation.The problems in judicial practice are disputes over loss of environmental capacity and loss of ecosystem services,insufficient damage assessment methods,and insufficient compensation for restoration costs.On the basis of the above issues,Chapter Two distinguishes between confusing concepts such as marine pollution damage,marine ecological damage,and marine ecological environmental damage.At the same time,through the comparison and analysis of related concepts in foreign environmental legislation,the concept of our country’s marine ecological environmental damage was defined.Chapter 3 compares and analyzes the marine ecological environmental pollution damage caused by different pollution sources in international conventions,international documents,foreign legislation and Chinese legislation.The parties to the civil liability conventions maintain the scope of compensation for marine environmental damage caused by oil pollution.This means that only the cost of reasonable restoration measures will be compensated,and the scope of compensation for oil pollution damage from ships in our country is also the same.However,in terms of marine ecological environmental pollution caused by other pollution sources,our country has also included the losses during the recovery period into the scope of compensation.This creates a contradiction in which different pollution sources cause the same marine environmental pollution,but the scope of compensation for damages is inconsistent.Chapter 4 puts forward its own suggestions on the scope of compensation for marine ecological environment damage in our country,and defines the scope of compensation for marine ecological environment damage as four items: restoration costs,losses during restoration,clean-up costs,and investigation and evaluation costs.At the same time,it proposes unified the scope of compensation for marine environmental pollution damage caused by different pollution sources,and the improvement of the damage assessment mechanism for marine ecological environmental pollution,in order to solve the problem of inconsistent and difficult to define the scope of compensation for ship and non-ship pollution damage in practice.