Study On The Extent Of Compensation For Damage By Oil Pollution Tort

Oil pollution disaster always gives rise to serious damage. Few people hold the same idea as to the extent of compensation to the damage. This dissertation introduces concepts of oil pollution and oil pollution tort, discusses characters of oil pollution tort and the rights and interests it harms, analyzes the disadvantage of the tradition law in regulating the oil pollution and studies contemporary theories of bionomics, economics, philosophy and jurisprudence. On the basis of which, this dissertation discusses in particular the extent of compensation for oil pollution tort, brings forward the principle with which to decide the extent of compensation. That is, it should take into account the idea of contemporary jurisprudence and the situation of China, and take reference to foreign cases, while basing on the traditional civil law and characters of oil pollution at the same time.This dissertation specially studies certain difficulties of this topic, which include pure economic loss, short time fishery resources loss, natural fishery resources loss, damage to the ocean environment and cleaning costs. This dissertation introduces their concepts, the disputes about them, and in comparison with other countries, concludes the rules and means that Chinese court should adopt and gives some suggestions and advices for reference to Chinese scholars, legislators and judges.