On The Main Framework Of Our Country For Oil Pollution Damage Compensation Mechanism

Petroleum oil replaced coal rapidly as the main energy sources at the beginning of 20 Century, a great deal of petroleum shipped into importing countries from exporting countries by sea.following with ship oil spills which makes ocean pollution damage badly. Along with petroleum transportation quantity rapid increasing, ship oil pollution damage worsen further.As a results, Compensation claim on the ship oil spills pollution damage drives the ship oil pollution damage compensation mechanism coming into being and development further.The core of ship oil pollution damage compensation system is distributing and spreading around the damage risk,in order to perform damage compensation liability, which drew two kinds of industries - Shipping and Oil industury together sharing the compensation liability. In order to distribute shipowners' compensation liability and make sure its implementation.The system requires shipowners to attest financial ability.Using the ways of liability insurance or other securities, distributing and spreading around the liability risk to liability insurer or other guarantor.Oil industry by compensation fund to distribute and spread around the compensation liability.the compensation fund is collecting from oil companies as per the contributions oil or tax.Meantime, ship oil pollution damage compensation system still preserving the traditional limitation of maritime liability, the compensation claim to oil pollution damage is limited, Both civil liability person or his guarantor and compensation fund burden compensation liability in certain extent.The significance of the limitation of maritime liability is shipowners can understand the risk of petroleum transportation, liability insurer or guarantor can learn certain insurance or security amount, compensation funds may clarify the amount of contributions or tax. The claim amount of oil pollution damage increasing, urgeing the limitation of compensation to a higher extent.This dissertation through discussing the international ship oil pollution damage compensation mechanism, and joined with our domestic special conditions, Seeking for how to establish and consummate our domestic ship oilpollution damage compensation mechanism.On the one hand,clarified some problems on the applicability of CLC and Fund to our special condition, on the other hand,used for reference to international convention and foreign legal system, joined with our ship oil pollution damage,claim situation and development trend,Proposing the constitution idea on establishing and consummating one ship oil damamge compensation mechanism which adapt to our special situation.At first, This dissertation state the situation of the mechanism of our domestic oil pollution damage compensation,including the significance. In the second sector.we clarified three crucial basic conceptions.that is,ship,oil and oil pollution damage. Following it, This dissertation discussed widely the International Conversation on Civil Liability for Oil Pollution Damage (for short as CLC) and the International Conversation on the Establishment of an International Fund for Compensation for Oil Pollution Damage (for short as Fund). At the end, that is the fifth secotor of this dissertation,stated the situation and the principle of establishment oil pollution damage compensation system. Reasoning its two backbones: the Establishment of Fund and the compulsion liability insurance.Analysed the applicability of CLC and Fund system to our country, Put some suggestions on the constitution regarding how to establishing and consummating our domestic ship oil pollution damage compensation mechanism.