Comments On The Direct Action System In Oil Pollution In China

The ocean is a valuable resource for human. However, with our foreign economic and trade exchanges becoming increasingly frequently, the development of oil transportation and oil pollution of the marine environment caused by humans has seriously hampered the sustainable use of marine and also largely destroyed the human living environment. Oil pollution from ships is one of the important factors which causes marine oil pollution and water pollution. Usually one major shipping accident will cause long-term and not easy to eliminate impact on the marine environment. Recent oil pollution incidents let the largest maritime countries to prompt the alert to accelerate the improvement of oil pollution damages related legislation in order to strengthen the protection of victims in pollution damage.The objective of liability insurance is to protect the interests of the victims, liability insurance today are from the protection of the insured to the protection of the interests of victims. Direct action of compulsory liability insurance in oil pollution is to protect victims to get the timely compensation. International conventions and national legislation have established a number of law for direct action of compulsory liability insurance in oil pollution. Our law provided this system, the administrative rules and regulations of compulsory liability insurance in oil pollution have been issued one after another. Through these, the system of compensation for oil pollution damage entered a substantive stage. However, our legislative system of direct action in oil pollution is not perfect, in judicial practice, court has difficult to find a legal basis in existing law in cases of compensation for oil pollution damage, so the claims to the liability insurers of victims can not achieve.View of this, on the analysis of direct action, legislation and related issues, this article discusses the inadequacies of direct action legislation and makes a rough proposal for how to improve the related legislation.