| In oil pollution compensation cases caused of collision damage,if this accident is because of oil pollution damages caused by a single vessel (such as ship grounding,tanker explosion and other reasons),the leaking party is responsible for oil pollution resulting. This situation is not disputed in academic circles and law fulfill. however,if in the case that two ships colliding led to one of them leaking ,the leaking party caused oil pollution damages,how to identify tort ability for oil pollution damage of the non-leaking party? On this issue,our academic circles and law fulfill are have argues,and there is no perfect oil tort liability system of collision,a judge in such cases when applying the law is not uniform. Even the same court has made different judgments to the case which is similar to the case of ship collision claims for oil pollution damages.The article is divided into three chapters. The first chapter identifies the controversy of theory and practice on tort liability of non-leaking party for oil pollution,summarizes three views that the current domestic tort liability of non- leaking party in our academic circle and law fulfill ,That is the view of"who caused oil spill,who would compensate";the view of"non-leaking party basic copies of responsibility according to the proportion of the responsibility caused by collision";the view of"non-leaking party and leaking party bear the joint and several liability",and describes the drawbacks of the three views.The second chapter analyzes the disputed reason of identifying on tort liability of non-leaking party in cases of ship collision in academic circles and law fulfill. the author Summarizes the two main reasons for identifying tort liability of non-leaking party, that is, the general content of the related laws and regulations of non-leaking party tort liability of the law system being not unified .The author believes that we should establish Perfect Liability system of oil pollution damage about ship collisionThe third chapter makes a few comments on improving tort liability system of the non-leaking party in compensation case for oil pollution resulting from ship collision in China. The author believes that oil pollution is an environmental pollution, Specific violations stipulated by Tort Liability Law. The Responsibility principle of non-leaking party should strictly apply the principle of liability without fault, even the non-leaking party of the collision without fault, in certain circumstances. This paper discusses two cases that liability borne by one party and by the both parties. The author believes that in principle we should not consider the non-leaking party as the directly responsible main body. from perspective of protecting the maximum interests of oil pollution victims.The author for the building program of the tort liability system of non-leaking party is as follows: In principle,the leaking party is the only body of tort liability about oil pollution resulting from ships collision. If the loss of oil pollution is within the limits of oil pollution liability of the oil side, or the oil side has full insurance and compensation fund as banking, do not have to pull non-leaking party into the law relationship of oil pollution damages. If the leaking party liability limits of oil pollution is lower than the victim claiming and has no banking of full insurance and compensation fund, victims can claim compensation for oil pollution loss which has not been compensated within the limits of liability.The other collision liability of non-leaking party should be considered by the judges by the amount of compensation. The author argues that the theoretical basis for this view comes from the additional liability of our Tort Liability Law. This article attempts to improve oil tort liability system of the non-leaking in order to make modest for establishing and improving the Chinese legal system of the ships collision. |
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