Studies On Some Legal Problems Of Chinese Civil Compensation Of Oil Pollution From Ships

From the beginning of 20th century, oil has quickly become one of the main energy sources. Oil pollution damage from ships is growing, at the same time many quantities of oil were transported by ships on the ocean. The international oil pollution compensation regime which has been on the function for more than twenty years is proved to be scientific and efficient. It has been recognized by more and more countries on the world that using detracting and transferring the pollution damage to realizing the compensation was the key aspect of the international oil pollution compensation regime. The shipping industry and the oil industry are jointly become the responsible party of compensation. The oil pollution damage rising in the treaty countries could be basically compensated by the international oil pollution compensation regime.China has become the oil import country from the export country from 1993.The increasing quantity of oil transportation and the more lager scale of oil tanker have add the possibility of the happening of the big oil pollution incidents. At the same time China is a big shipping country, and the production value of ocean industry has been increasing rapidly . It is regretted that the Chinese legislation of compensation for oil pollution damage from ships is very defective. It is in the result very difficult to find the legal reason in many civil cases on the oil pollution compensation. Our recent domestic laws are mostly in the principle or administrative. They are not very useful in the instruction to the justice of concrete cases. At the same time, the applicability of the international conventions is very limited.In the practice of our country, the court often finds the difficulty to search the legal criterion from the present laws. The author of the text tries to develop the research on the compensation for the oil pollution damage on the basis of large reading and learning on related materials. The author puts forward some...