The Research In Compensation Fund Of Oil Pollution Damage And Its Guidance To Our Country

With the development of human society, oil has gradually replace coal's place as the major energy, and because the world petroleum resource distribution is not uniform, the shipping oil spill incident happens quite often as much oil is transported by sea, and makes people's property and health face a large threat.To prevent and solve the pollution caused by ship spill oil and to protect the marine ecological environment, the international community has sought to resolve of ship pollution damages problems for many years, and thus build a more perfect international ship compensation for pollution damage system through a series of international conventions.At present China is the third-biggest offshore oil transportation, so it's a high risk of happen oil spill accident. China has acceded to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, and ensure that the compulsory insurance will be built according to the related law paper the fund problem, the finance ministry and the ministry has formulated the Management Regulations of Collection and Use of the Ships'Pollution Damage Compensation Fund (Draft),it has the third times for advice and modification, domestic oil fund system is expected to start in recent years in establish implementation.This article is divided into three chapters, the first chapter is introduced compensation for pollution damage fund system, and the related terms outlined, this means the above-mentioned damage compensation fund established the legal source and necessity, which lie in not only the insufficiency of compensation just from ship-owners, but also the principle of beneficiary pays. This chapter also introduces the civil liability for oil pollution damage on ships, mainly has the international convention, International Convention on Civil Liability for Oil Pollution Damage, 1969,International Convention on the Establishment of International Fund for Compensation for Oil Pollution Damage, 1971,International Convention on Civil Liability for Oil Pollution Damage, 1992, International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, U.S.A. Oil Pollution Act of 1990.The second chapter is for the international compensation for pollution damage mechanism analysis and reference; at present mainly have three methods for building the international fund, there are mechanisms of operating according to both Civil Liability Convention and Fund Convention, according to domestic fund regulation, and according to both domestic regulation and abroad fund conventions. The actual situation in our country at present, our country now is not suitable for join convention system, but should pass legislation to establish our own fund system.The third chapter is about how to build our fund system for specific recommendations, the author mainly discusses this two problems, one is establish which model respectively the fund system and the other one is the ship pollution damage about whether we should be incorporated into long-term damage compensation range through the analysis, the author thinks that in establishing trust type have more beneficial funds model, meanwhile, it will be included in the medium and long term damage compensation range can also fund better protection of the marine environment in China.The author wishes to provide some legislation suggestions for related bureaus before the compensation fund regulations of oil pollution damage promulgate.