The Research About The Legal Problem Of Cleaning Caused By Oil Pollution From Ship

As the quantity of oil carried by sea increases, the accidents of tanker spills and tanker sinking have become common occurrences. These accidents have done great damage to the ocean environment. The risk of the oil pollution from ships is increasing. Boasting its long coastline, China is not only a large shipping country but also a large importing country of oil. Each serious pollution may leads to gigantic clean-up fee. However, China has not establish an oil-spill cleaning Fund in which the ship owners and the owners of cargo may undertake the damages of ship oil pollution. Lacing of the measures of guarantee and forcemeats, the compensation usually cannot be paid.In accordance with the relevant international conventions, nongovernmental agreements and the typical relevant laws of common law system, and in the light of the performance of the relevant laws of Chinese oil pollution cleaning , in the Chapter Three of this article particularly discusses the different cleaning parts' status and function, the tendency of business; In the Chapter Four makes out quality of the cleaning-fee; in the Chapter Five discusses the claim parts and scopes of cleaning fee, also the compensation order of it; in the Chapter Six, the paper provides a direction to establish a domestic compensation regime for oil pollution damage caused by ship through the analysis of present situation of domestic compensation for oil damage and international convention on compensation for oil pollution damage, and the argumentation of the necessity and feasibility of regime's establishment. At the end of the article there are some suggestions for the establishment of domestic Oil Spill Cleaning-up Fund.