Research On Constructing Marine Oil Spill Ecological Damage Protection Legislation In China

"Ecological damage", the new type of damage changed the practice of the traditional law that took the environment as a mediator of the result of environmental damage, expanded damage category from the traditional legal interest to the human survival and development fundamental interests——ecological interests ,and provided a new, unique and meaningful important issue to legal theory research and legal system construction.Ocean is an important part of the world's life support system, marine environment is an important foundation for the existence and development of human. As the gradual enhancement of people's ability to conquer the nature, at the same time of enjoying the material and spiritual interests of the ocean, the damage to the marine environment also like the devil devours the living space of human beings, and has brought long-term, profound damage to human survival and sustainable development. In shipping, offshore oil development and oil handling port operations did not take adequate preventive measures, that caused the frequency of oil spill, led to severe adverse changes in the composition ,the structure and the function of marine ecosystem, and seriously damaged the marine resources value, marine ecosystem service value and the function of marine culture. Ecological damage caused by oil spills at sea has become one of the major marine threats to the safety of marine ecology. However, oil spill in China's legal system to prevent ecological damage is not optimistic, a series of environmental laws and regulations on Marine oil spill did not explicitly take the protection of the marine ecosystem interests as the highest goal. Some of them are abstract, feasibility is not strong. Some of them are complete, but enforcement is not enough. Some areas of the legal system are imperfect ,such as mandatory insurance and oil pollution fund system. In our current marine oil spill legal system, although the oil spill caused severe damage to the marine environment, there is inadequate compensation for oil spills, that isn't conducive to the restoration and conservation of the marine environment. At present, science and technology on ecological damage of the oil spill develop rapidly, sustainable development and the precautionary principle implement effectively in the environmental law. On the basic of ecological interests protection, taking the affect of offshore oil transport and shipping, offshore oil development and other activities on the marine environment into the effective law regulation, constructing the oil spill prevention legal system of ecological damage become an urgent task.In this paper, taking the ecological civilization as the legislative guidelines of marine oil spill ecological damage protection legislation, and taking the integrated ecosystem management concept as the legislative concept of marine oil spill ecological damage protection legislation, according to the current status of marine oil pollution and oil spill prevention legislation, we construct our marine oil spill environmental protection legislation from risk prevention legislation, clean operating legal system and emergency legal system. Firstly, Marine oil spill ecological damage risk prevention legislation has outstanding importance in marine oil spill ecological damage protection legislation. Constructing the marine oil spill ecological damage protection legislation, need to improve our maritime surveillance and monitoring the legal system, introduce an alternative evaluation system in the marine environmental impact assessment system,improve the legal system of compulsory insurance oil pollution at sea, construct the first safeguarding line of preventing oil spill ecological damage and maintaining the interests of the marine ecosystem. Secondly, Offshore oil production, transportation clean operation of legal system Ecological damage is an important part in preventing oil spills ecological damage at sea and achieving the important objectives of sustainable development of marine areas.Consructing Offshore oil production, transportation clean operation of legal system Ecological damage, need to improve our wastewater discharge fee system for marine oil, develop the offshore oil industry standards for clean production, improve the incentives mechanism for the development of clean offshore oil development, build force mechanisms for Cleaning operation at sea, internalizing the expense of prevent damage to the marine ecosystem in the cost of the subject engaging in offshore operations. Thirdly, Oil spill contingency legal system made the work of the normative requirements on oil spill emergency rescue after the accident. Constructing oil spill contingency legal system need to build national oil spill contingency command system, establish the oil pollution fund system, regulate the management of professional clean-up company, perfect the specification standards of competence-building port oil spill, try the best to prevent or reduce the marine ecosystem resulting from oil spill damage as the last line of defense. In constructing the marine oil spill ecological damage protection legislation ,this paper always takes the ecological civilization as the legislative guidelines of marine oil spill ecological damage protection legislation, the integrated ecosystem management concept as the legislative concept of marine oil spill ecological damage protection legislation ,stresses on inspiring the human consciousness and self-discipline in the activities under the sea by legal regulation , emphasizes the interdependence of man and the natural environment, promoting each other. take the ecological damage caused by oil spill as the focus of attention, regard the legal protection of ecological interests, as chief ,make efforts to establish the environmental regulations, policies, standards and technology system,consistent with economic,social development characteristics and environmental management decisions.