On The Legal System Of Oil Pollution Damage Compensation

Since the reform and opening up, China gradually developed into a major oil importingcountry and shipping country. At the same time, the threat to the marine environmentalpollution accidents are also qrowing. In recent years, major pollution accidents occurrfrequently．Marine oil pollution damage caused by it became seriously and the economy andenvironment severely have been affected by it.But at present,our country has not formedthe legal system of compensation for ship oil pollution damage to the marine. In this article,"Jubili glory" case as the entrance, it leads to the2001Fuel Convention by analysising theapplicable law of the case．Then, explore the relevant legal system of2001Fuel Conventionby applying2001Fuel Convention for "Jubili glory " case.And then point out the existinglegal problem in the system of compensation for ship oil pollution damages in China.Finally,put forward some suggestions and countermeasures to improve the system of compensationfor ship oil pollution damages according to the situation of our country．This article is divided into the following six parts:First, the "Jubilee glorious" round oil spill damages case under review. This part of thecase selected case made a detailed introduction. It is worth mentioning that this caseeventually reached a settlement under the mediation of the court.Second, the the Zhu case law applies. This is the focus of this article and difficult. Thispart is divided into two portions. The first part of the theory and practice of domestic andinternational law to do the analysis; explore the second part of the case law applicable to theproblem, in this process, the proposed2001fuel Convention.Third,"Zhu" the main responsibility in the case and claims subject. In accordance withthe2001fuel Convention, to determine the subject and claims of responsibility in this case themain. Of claims the main focus of this section. It is related to the qualifications of theadministrative authorities in such cases is whether the subject of litigation.Fourth, the principle of attribution of "Zhu" case. This part is relatively simple. The2001fuel Convention and other legal principle of no-fault liability. This section on non-faultliability and disclaimers before doing research.Fifth,"Zhu" case, damage to the definition of the scope of compensation. The partcomprehensive compensation based on the scope of the case damages defined, and limitation of liability related discussion.Sixth, Ship Oil Pollution Damage system legislative building. This part is the focus ofthis article.2001Bunkers Convention,"Zhu" case applies to explore for oil pollution damagecompensation system, I put forward the problems of China’s domestic law in the relevantlegal system, and to make recommendations on how to build the Ship Oil Pollution DamageCompensation legal system in line with China’s national conditions and countermeasures.