Research On The Civil Compensation Liability For And Compensation System Of Marine Environmental Damage

Based on the theories of civil law of tort and compensation for environmental damage, as well as the character and practice in marine administration, and the reviews of the domestic and foreign existing legal systems of compensation for marine environmental damage, the thesis aims at making a general study on the theory of marine environmental damage, analyzing the concept, nature and sorts of the damage, discussing the Chinese civil compensation liability for marine environmental damage, including the doctrine of liability fixation, subjects enjoyable and liable, form of liability. scope and amount of compensation etc. , and relevant safeguard systems thereof. At last, the thesis makes an evaluation on the domestic exiting legal system of compensation for marine environmental damage, and puts forward proposals. According to these research, it is expected that the advanced theory in the field of science of environmental protection law are applied to marine environmental administration.Such analytic methods as comparison, positive and system analysis will be taken in the thesis, and the theories of civil law of tort and environment will be mainly used in the research. More detailed technical ways are as follows:1. The thesis starts with the clauses of marine environmental laws and regulations, and puts forward such viewpoint, which is necessary and feasible, as establishing the system of civil compensation liability for marine environmental damage in order to match the exiting laws and regulations.2. The related Chinese existing legal norms and the problems thereof will be analyzed in the light of legislation for the main coastal countries in the world.3. The theories of civil law of tort and the characteristics of marine environmental damage will be introduced in order to make a conclusion on the civil compensation, including subject affirmation, liability distribution, scope and amount thereof.4. Some proposals integrating theories and practices will be put forward. The thesis is creationary on the marine environment itself, for example,the study of compensation for marine ecosystem-destroying. Theory of civil tort law was challenged due to the characteristics of marine environmental damage itself, including doctrine of liability distribution, subjects liable confirmation, and division of liability, and it already isn' t applicable to...