The Study On Legal System Of How To Prevent Shipment Oil Polluting Marine Environment

Marine oil pollution of the marine environment is an important source of pollution. It will not only cause substantial material damage to the country and the people but also cause great harm to the marine environment and natural resources. Oil pollution caused by incidents involving accidents and emergencies with ships is very serious incalculable. In recent years there has happened a number of major oil pollution caused by ships. In about 10 years from 1986 to 1996, a total of the 1856 oil spilled accidents. For an annual average of 186, the equivalent occurred every two days. With the development of the marine shipping industry, the potential oil pollution incidents of ships has also increased, and therefore how to prevent oil from pollution the marine environment is of very importance.In the legal terms, we will improve the prevention of oil pollution of the marine environment of the legal system. At present, China has established a relatively complete controlling legal system, containing International Convention on Oil Pollution ship, China's been not only a member of the "MARPOL 73/78," but also a member of "1990 International Convention on Oil Pollution Preparedness, Response and Cooperation Convention" (90 OPRC Convention), "Civil Liability Convention 1969" . And the 1992 Fund Convention is only effective to Hong Kong . China's legal system, on the prevention of oil pollution of the marine environment including "Environmental Protection Law," "Marine Environmental Protection Law" and "Prevention of Pollution from Ships management of the waters", "People's Republic of China Maritime Traffic Safety Law," and the Marine Traffic to formulate the rules system. It can be said that China's legal system of preventing ship oil pollution from the marine environment is relatively perfect . But we can not deny that, compared with some foreign countries,there is still a gap for China. To China , "Environmental Protection Law" and the "Marine Environmental Protection Law" are a very principled, and they are not appropriate for implementation . There still exists unreasonable facts in Legal system, such as the performance of instruments, prevention facilities from pollution, as well as oil pollution emergency response system and not enough intensity, and other aspects of the implementation, such as oil pollution damage compensation is required perfect. Tanks which load more than 2,000 tons on international routes have been established the compulsory insurance in accordance with the requirements of the Convention. And some local regulations also provide the establishment of coastal shipping routes for ship compulsory insurance. But ships carrying less than 2,000 tons and coastal shipping routes have not been set up in national sea. As China has not joined the 1992 Fund Convention, and the country's oil fund has not yet been established, but "oil fund management approach" is introduced. China will also establish a national oil fund, and China's oil pollution damage compensation system is to be established.The paper starts describes China's shipbuilding oil Status and oil pollution on the marine environment hazards. Then it introduces the relevant international conventions which are effective to China, as well as China's domestic legislation and law enforcement status quo. At the same time there is also the marine environment of the legal system and the existing problems of oil pollution of our country. Thirdly, it says the international conventions, the United States and Canada, the oil legislation which we can learn from. For the last part, against with the problem, it puts forward proposals mainly on the legal system of ship oil, the anti-pollution facilities, instruments Of Preventing pollution as well as oil pollution response to ships oil and oil compulsory insurance fund and to make it perfect.