A Study On Legal Regimes Of Marine Oil Pollution Fund In China

This paper aims to establish the legal regime of Marine Oil Pollution Fund in China to deal with the risk of marine oil pollution, taking the method of comparative analysis, empirical analysis and value analysis. The establishment of this regime is a series of programs referring to interdisciplinary knowledge covering several legal departments including maritime law, the jurisprudence, taxation law, environmental protection law, and civil law. Besides, the levying standard of Marine Oil Pollution Fund involves the application of statistics and mathematics. Therefore, interdisciplinary research and cross-over study have to be used for the establishment and study of the regime. Apart from Introduction and Conclusion, there are five chapters in the main part.Chapter 1, "Generation of Legal Regim of Marine Oil Pollution Fund and Its Practice in Several Selected Countries":on the basis of historical analysis and comparative analysis of the rules dealing with the Marine Oil Pollution Fund around the world and other coastal countries, this chapter involved the historical origin of the oil pollution fund regime, the deficiency of the current compensation fund for oil pollution damage in China, and the significance of establishing the legal system of Marine Oil Pollution Fund in our country.Chapter 2, "Fundamental Theory of Marine Oil Pollution Fund":proceeding from the "fund" in general sense, this chapter introduced the concept, characteristics, legal nature, capital source, capital structure of the Marine Oil Pollution Fund through induction and deduction analysis, and the value analysis method was used to explore the legal basis of the oil pollution fund to expound and prove the legitimacy and rationality of the legal system.Chapter 3, "Trust Management Model of Marine Oil Pollution Fund":with the combination of trust theory and legal regime of Marine Oil Pollution Fund, the legal relationship of Marine oil pollution Trust Fund was built. This chapter also pointed out the three advantages of trust model management, and analyzed the mutual-restraint rights enjoyed by the parties in the trust management mode in detail.Chapter 4, "Levy of Marine Oil Pollution Fund":figured out that levy of the Fund should comply with the Statutory Principle, Fairness Principle as well as the Efficiency Principle; levy objects and payers of the Fund were determined through comparative analysis; based on the unit oil spill costs, using empirical analysis method to calculate the capacity of oil spill emergency that the fund should have as well as the levy standard in order to meet the requirements of the fund’s emergency capacity.Chapter 5, "Usage of Marine Oil Pollution Fund":introduced the applicable scope, payment terms, limitation amount and subrogation right of Marine Oil Pollution Fund, thereby solving the problems including what accidents the Fund would applied for, what damage the Fund would give relief to, the payment limitation for each accident and the recovery from responsible parties by the Fund.