The Research On Compulsory Liability Insurance In Oil Pollution From Ships

To the national economy and people's life and property safety, maritime transport have significant impact. But its security situation is not optimistic. The accident occurred in recent years to the people's lives and property caused irreparable losses. More importantly, in the event of accident, carriers bankruptcy or no compensation ability to convention or national law, thus the interests of the victims are not guaranteed. Maritime accidents caused people to concern maritime transport security, but also to properly protect the interests of the victims request.At present, international community has established a suit of integral and practical legal system of civil liability for pollution from ships, which bases on "Convention on Civil Liability for Oil Pollution Damage, 1969", "International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 ","International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, 1996", "International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001" and their protocols. Some developed countries, for example, America and Canada have established their own legal system of compensation for damage caused by pollution from ships. But the legal system of compensation for damage caused by pollution from ships in China is not well established. It has already become the unanimous requirement of maritime law community that we should improve our legal system of liability and compensation for damage caused by pollution from ships, enter the pertinent international convention in time, and make domestic legislations.Currently, there is double compensation subject mechanisms—liability insurance and compensation fund, which define the position of the system of liability insurance in legislation of compensation for oil pollution damage on the whole. Appearance and development of the liability insurance is a important modernized sign of insurance. In order to protect victim interests, compulsory insurance will be the development trend in the future. In some specific fields (such as compensation for damage from motor vehicle), compulsory insurance becomes the good choice for most countries. Compulsory insurance first appeared in the field of compensation for oil pollution damage in maritime law. As for the serious oil pollution damage, the problem that how to guarantee full compensation for victim and ensure the steady development of shipping industry is paid more and more attention. Fortunately, this problem is got valid settlement by the system of compulsory liability insurance. As a new-born practice , the theory of compulsory maritime insurance has not been totally developed. This writer analyzed the definition, feature and scope of application of compulsory maritime insurance, and offered an idea that Maritime compulsory liability insurance is set up to enforce maritime transport in the specific context of liability insurance.Because of the fact that compulsory liability insurance plays a very criminal role in compensation for oil pollution damage, this thesis is to make a thorough study on the relevant concepts, legislations, rules and theories in order to offer references to our country's legislation. This thesis contains about 4,2000 words and consists of three...