The Problems In Practice Of Oil Pollution Compensation And Advice

In recent years,several big incidents,which oil spilled from ships,have taken place in sea area of Guangdong,and resulted in serious oil pollution damage. When we dealt with these oil pollution compensations,it was discovered that the relief system and compensation regime of oil pollution damage was not perfect and consummate in our country,and many problems of law were disputed in academic community. As a result of developing the economy,the quantity of oil transportation become more and more,our country will be the fourth oil import country after the Unite States,Japan and Italy. Up to the present,the incident spilled over ten thousand tons oil has not been happened in our country,but the probability is increasing as a result of the quantity of oil transportation increase quickly and the oil tanker become bigger and bigger. So it is very necessary to establish and perfect the oil pollution compensation regime of our country as soon as possible. The paper refer to the two oil pollution compensation regimes,one is established by the 1969 International Convention on Civil Liability for Oil Pollution Damage and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage,another is established by the Oil Pollution Act of 1990 of America,combine with the oil pollution compensation cases in recent years,introduce the present situation of oil pollution compensation in our country,discuss several problems in practice of oil pollution compensation,such as the scope of oil pollution compensation,the claimant of oil pollution compensation,the responsible party and liability of oil pollution compensation,the evidence of oil pollution damage case,the limits on liability of oil pollution compensation,present that our country would draft the Oil Pollution Compensation Law according to the principles of the Oil Pollution Act of 1990 of America and establish the complete oil pollution compensation regime,which the responsible party and the user of oil joint compensate the oil pollution damage,expect to completely settle the problems of oil pollution compensation.