On The Improvement Of Mairne Oil Pollution And Ecological Damage Compensation System

Ocean is a vast, complex and irreplaceable ecosystems, it is of great significance for usas humans. However, with the development of human economic activities, in the exploitationand utilization of marine at the same time, also constantly changing marine environment,marine environmental pollution and ecological damage and more serious, this threat to thenormal use of our oceans and the planet’s ecological balance. Therefore, to preventdeterioration of the marine environment, the protection and improvement of the marineenvironment, safeguard the interests of the living environment of human beings and it isurgent. This article from the perspective of marine oil pollution compensation for ecologicaldamage, China’s marine oil pollution compensation based on the actual, on marine oilpollution and ecological damage compensation system to a comprehensive understanding andanalysis, based on our analysis summarizes the flaws and shortcomings in the laws andregulations, try to find the perfect system of marine oil pollution and ecological damagesviable options to improve the operability of the system.This article structure is divided into four chapters. These four chapters include thefollowing:Chapter one is an introduction, which includes the marine oil pollution present situationof ecological damages cause problems, and domestic and international research on marine oilpollution and ecological damage results.Chapter II definitions related to marine oil pollution and ecological damages issummarized. For ecological damage, marine ecology, marine oil pollution and ecologicaldamage related to these ideas summarized to make its meaning more explicit and clear.Third chapter is related to marine oil pollution compensation for ecological damage inChina’s laws and regulations, as well as current problems of induction. By settling the presentsituation of China’s relevant laws and regulations and find out the imperfect legal system ofcompensation for ecological damage to the marine environment. For example, nationallegislation exists on the marine oil pollution damage compensation claims subject scope is too narrow, liability for damage is not clear, and marine oil pollution damage compensationdispute, marine oil pollution compensation fund system has disadvantages them. Marineecological damages in judicial practice in China, also exposed many problems of China’slegislation. For example, in2002the "Tasman Sea tanker case" created a precedent of marineoil pollution and ecological damage claims, requests for marine ecological damage but in thecase of the result is not satisfactory. Occurs after the "Bohai Bay oil spill" another marine oilpollution and ecological damage claims into the public eye, but also less than satisfactory.Two cases have exposed the many problems on the marine oil pollution compensation forecological damage, we experience the lessons learned from these cases and for perfectinglegal systems provide the basis for the marine oil pollution and ecological damages.Fourth chapter on marine oil pollution and ecological damage compensation system inour country. First, you need to expand the scope of marine oil pollution damagecompensation claims, gives the public prosecutor’s Office to give priority the right toprosecute, will each have a stake in environmental groups and individual citizens into thescope of claims. Secondly, a clear subject of marine oil pollution and ecological damages,including shipowners, bareboat charterers, offshore oil exploration and developmentresponsibilities. Once again, clear scope of marine oil pollution and ecological damage inChina, including marine direct loss, costs of remediation costs and assessment. Last,established sound China of marine oil ecological damage assessment system, in marineenvironment and ecological damage technology assessment mechanism in the usedindependent yú marine spill oil event interests associated party of third party assessmentidentification institutions, perfect marine oil ecological damage forced insurance system, takeby Government funded established of policy sex environment responsibility insuranceinstitutions and commercial type insurance institutions coexist of way, perfect marine oilecological damage fund system, expanded Fund of applies range will marine oil developmentpollution accident damage also into which, Expansion of the Fund’s scope applies the oilextraction, processing and transportation enterprises joined the Fund range applies.