Study On The Compensation Law For Fuel Oil Pollution Damage From Ships In China

With the confirmation to the strong shipping status in china and the development of large-type ships, fuel oil polluting accidents occur more and more frequently and damage worse. The problem of relevant law distemperedness appears very clearly: it's difficult for the tremendous ocean environment and fishery resource damage from ships fuel oil pollution to be compensated; meanwhile, spilled oil can hardly be cleaned out in time because the insufficient compensation results in the fuel oil-cleaning expenditure paid hard, as a result, lots of latent damage beyond retrieval. The main reason lies that our country still has no special compensation law system of ships polluting damage and the suitable compulsive insurance system. Accordingly, that brings the disunity and divergence in the aspect of the law availability of fuel oil pollution and sequentially leads relative lower maritime compensation liability limitation to be distributed between fuel oil pollution damage compensation claim and other maritime compensation claims. In order to sufficiently ensure the compensation to fuel oil polluting victim and the carry-through to the work of oil-cleaning, and effectively protect ocean environment, it's become urgent affair that we should enhance the study on ships fuel oil polluting compensation law system in china.This paper analyzed the status quo of international fuel oil pollution and domestic ships fuel oil pollution legislation basing on the traits of fuel oil pollution such as dealing with extensive ships, frequent accidents, many middle and small accidents and so on and the qualitative difference between fuel oil as ships fuel and cargo oil; It found the legislation defects of ships fuel oil pollution in china and the distance to international legislation. In order to adapt the development of international oil pollution damage compensation mechanism, protect our country's ocean environment, ensure oil pollution victim getting reasonable compensation, it's very necessary to make fuel oil pollution damage compensation system specific in the course of perfecting domestic ships pollution damage compensation system, and synchronize with inter-nation when the condition becomes mature; meanwhile, to establish batch and grade the compulsive liability insurance system of domestic fuel oil pollution; Moreover, the paper suggestedstudying on the measures of simplifying ships-checking procedure in order to reduce the management burden of correlative superintendence department. Therefore, the paper hopes that using wholesome law system will protect the benefit of fuel oil pollution victim and improve the consciousness of fuel oil polluting peacebreakers to ocean environment protection, meanwhile, this'll encourage that oil-polluting victim adopt measures to prevent and lighten fuel oil pollution damage.