Study On Chinese Regime Of Compensation For Oil Pollution Damage From Ships

Oil spills from ships are an important source of marine environment pollution. Since the beginning of the 20^th century, pollution of marine environment and damage to ocean ecological environment has become increasingly severe. It is now an issue of global importance. With the growing consciousness on environment protection, many countries have passed their own legislations on marine environment protection. National laws and international conventions addressing compensation for oil pollution damage from ships also emerged. Chinese regime of compensation for oil pollution damage from ships draws much more attention, and it has become an important research subject.This paper introduces the basic principles of compensation regime for oil pollution damage from ships, and analyses the concept, characteristics and the criterion of liability of such compensation regime. In this paper, the author discusses the legal system of compensation for oil pollution damage from ships and the scope of compensation as well as the oil pollution compulsory insurance system, limitation of liability system and the regime of oil pollution compensation fund. This paper focuses on the main legal issues in establishing the compensation mechanism for oil pollution damage from ships in China, and addresses in detail the management model and system design of the oil pollution compensation fund. Based on these analyses, the author put forward relative legislative suggestions. Establishing the compensation regime for oil pollution damage from ships in China will not only ensure that the victims of oil spill receive sufficient compensation on time, it will also provide financial basis for the recovery of marine environment and the sustainable development. No doubt the compensation regime for oil pollution damage from ships is of vital importance.In China, so far, there is no specific law addressing oil pollution damage from ships and the compensation regime for oil pollution damage from ships is far from perfect. Therefore it is in urgent needs to speed up the legislation process in such field and establish our own oil pollution compensation regime. The author suggests to implementing compulsory insurance of oil pollution on all coastal ships and set express criterion on limitation of liability through legislation. The operation module and management experience of international oil pollution compensation fund are important reference in establishing Chinese regime of oil pollution compensation fund in conformity with our country's situation. The ultimate goal is to bring Chinese regime of oil pollution compensation fund in line with the international practice.