Study On Claimant Of Vessel-source Oil Pollution Compensation

As oil pollution damage caused by ships is generally characterized as a special environmental tort, the claims for that should be in accordance with the proceeding of tort claims, which is brought into the adjustment range of the regulation of civil procedure law. Usually, the general subject is the direct victims in the cases of oil pollution damage caused by ships; as an exception, it concerns representative action when it has a great amount of victims. In respect of the loss of state interest caused by ship oil pollution damage, due to some administrative organs having the right of claim on behalf of country in China, there is a heated debate on whether the administrative authorities are eligible as claimants in ship oil pollution damage claims. This paper is to discuss the core problem and is divided into three parts to discuss the following questions:Chapter one analyzes the problems of oil pollution damage cases by introducing some typical oil pollution damage compensation cases, such as administrative authorities' plaintiff qualification and the trial mode issue when it has a large number people, which are prone to occur in judicial practice.In this part, by discriminating the marine environment and other relevant concepts that the state ownership's principal position and state as a victim is entitle to bring claims are clarified. Then, by discussing the special nature of state and that the rights should be exercised by administrative organs, it concludes that the administrative authorities are eligible as claimants on behalf of country in ship oil pollution damage claims.Chapter two focuses on the solution to the problems raised in the former chapter by analyzing the conventions and foreign laws and judicial practice. As the lawsuit of ship oil pollution damage always concern foreign-related elements, in order to providing some reference significance to the ambiguous claimants'problem in China, it is wisdom that does a specific research on the conventions and related documents,as well as the legislations of United States and Canada.Chapter three does a research on the relationship of the claimants by analyzing the related ambiguous regulations, then, by integrating the research on the domestic related issues, it offers some proposals that the claimants how to exercise rights properly in the ship oil pollution damage lawsuit, which provides a solution to the related problems of claimant giving in chapter one in judicial practice.