Study On Legal Mechanism Of Compensation To Marine Environmental Pollution Damage

In this dissertation the author explores the questions on legal mechanism of compensation to marine environmental pollution damage on the theoretical basis of compensation law, with the method of historical analysis, positive analysis, comparative analysis and case study. This research may provide rational thought and regulatory spectrum for those who were damaged by the marine environmental pollution and need operational legal relief urgently.In Chapter One 'Generality', the author summarizes the conception of marine environmental pollution damage and compensation and he also analyzes the basic characteristic of which. Through the retrospect of its history and the study the situation of international and alien legislation, the author forecasts the future of this system. The Chinese legal mechanism of compensation to marine environmental pollution damage is also commented in this chapter.In Chapter Two, the author mainly discusses the "Theory and Practice of the Classification of the compensation to marine environmental pollution damage" . In this chapter, the practical modes of classification are analyzed and compared to the new mode presented by the author, on the basis of which, the superiority of the new one and the restriction of traditional ones are both clarified.In Chapter Three, the compensation liability of marine environmentalpollution damage is particularly discussed. In this part, the author payshis attention upon two important issues, one is how to ascertain the'fact' of marine pollution damage, the other is to make sure that theconstitutive requirements of compensation liability of marine environmental pollution damage are only three, i.e. the illegal conduct, fact of damage and causation.Chapter Four is about the subject system of compensation to the damage of marine environmental pol lution. In this part, the author defines and analyses the subjects of rights and obi i gat ion with the theoretical frame of damage law, besides, the common liability of compensation to marine environmental pollution damage is also explored.The author mainly discusses the doctrine of IiabiIity fixation and the burden of proof in Chapter Five. In this part, the distribution of burden of proof, conversion of burden of proof, the method of burden of proof are particularly studied.In Chapter Six, the arthor concretely analyzes the legal mechanism of compensation, including the principle of compensaton, the range of compensation and the amount of compensation, etc.In Chapter Seven, the author presents his suggestions and countermeasures to the systematic construction of legal mechanism of compensat i on to mar i ne env i ronmenta I po 11 ut i on damage of Ch i na. The both legislative suggestion are on the liability insurance and citizen lawsuit of pollution damage .which accords with the trend of the socialization of compensation to environmental pollution damage .