Study On The Responsible Party Of Marine Pollution Damages

The sea takes an important role for mankind's living and development. Marine pollution prevention and marine pollution damages compensation proceeds to be the critical issue in the 21st century. Refer to the mentioned problem, major of country in the world subscribe large numbers of International Conventions, Protocols, Revisions, also legislate lots of domestic law and regulations to resolve it. The author holds that find out the responsible party of marine pollution damages is the key among all the measures.The cause of marine environment suffer damages so seriously, mainly attribute to the human activities. So, the most important way to preventing the sea from contamination is to research on the responsible party, and find out who should be liable for the loss and damages by marine pollution. Some penalty and compensation measure must be put into practice for the responsible party, make the related responsible party do his business in due diligence ways.But the responsible party of marine pollution is not stipulated clearly in the related International Conventions, Protocol, Domestic Law, etc, besides, some of responsible party avoid taking the responsibility of marine pollution by all kinds of measure, which make the responsible party difficulty to fixed.Base on the mentioned question, apply the basic theory of jurisprudence and civil law, this paper analyzes the related conception and characteristics of the responsible party of marine pollution, research the structure and confirm of the responsible party. And then, consulting the related International Conventions, Protocol, Domestic Law, foreign advanced legislation, concretely discus responsible party in difference kinds of pollution sources, such as the responsible party of vessel-source pollution, the responsible party of project of ocean, the responsible party of land-based sources, and so on. Base on the responsible party who Uncertainty and difficult to be fixed in the practice and theory, this paper analyzes it in detailed. According to the newest theory and legislation trend of the responsible party, this paper analyzes and concludes some latest definition of different kinds of responsible party of marine pollution by using the law-economics theory, finally advances some related legislation advice about the responsible party by the author's own opinion.Should the State and any other organization be the civil liability of marine pollution damages is an issue in the modern times, the paper use the separateness charter to analyze the nation's legal status as a special subject of marine pollution damages, and discuss the feasibility and necessity of the State to be the civil liability of marine pollution damages.This paper holds that marine pollution prevention and marine pollution damages compensation is the common objective of the related International Conventions and domestic law in the world. Actually, the confirmation of responsible parties of marine pollution is base on the benefit which the legislators choose. So, if our legislators enact the domestic law of marine pollution, the marine pollution prevention and marine pollution damages compensation must be the primary cause to been considered.