Discussion On Perfecting Insurance System For Oil Pollution Caused By Vessels In China

With the development of national economy, the demand for oil has been increased day by day and now China has become a net-import nation for oil and the annual quantity of import has exceeded 100 million metric ton. Considering 90% of the imported oil was carried by sea, for the purpose of protecting ocean environment, international society and main nations all make great effort, including but not limited to perfecting the system of civil liability of compensation for oil pollution, so as to provide higher compensation for the victims of the pollution accident for the purpose of recovery of ocean environment. However, no matter how perfect the civil liability of compensation system had been, it would have not been able to realize if no powerful financial support had been established. In this sense, the insurance for liability of oil pollution would be a key link in the system of civil liability of compensation for oil pollution. However, except for some provisions contained in CLC, Chinese laws did not elaborate on insurance for liability of oil pollution systematically, which resulted hot arguments regarding the insured party, the extent for compensation under insurance, compulsory insurance, and direct action etc. Therefore, this paper firstly briefly introduced the system of civil liability for compensation for oil pollution, then analysis the inter-relationship between the civil liability for compensation and the insurance for oil pollution, in particular the relationship under special circumstance, then put forward the ideas for constituting the system of insurance for liability of oil pollution...