A Study On Legal Problems Relating To Maritime Supervision And Administration On The Handling Of Oil Spill From Vessels

After the revision and promulgation of Regulations on the Prevention and Control of Vessel-induced Sea Pollution From Marine Environment in 2009, Maritime Administrations are confronted with the problems on how to properly and sufficiently fulfill their legal duties on the handling of oil spill from vessels. This article attempts to classify the above-mentioned problems into three types, i.e. firstly the implementation of new provisions in the Regulaion, secondly the handling of unsolved problems in the Regulation, and thirdly the conflicts between the Regulation and related maritime international Conventions. This article means to analyse some most prominent problems and propose the countermeasures.With regard to the implementation of new provisions, firstly, this article discusses the aggravated censorship responsibility and put forward two proposals:the foundation of oil cleanup capacity on-line monitoring system and revision of administrative licensing requirement on ship's voyage entrance and departure formalities. Secondly, this article probes into the legal nature of the conclusion on marine pollution accident investigation, advises to identify its legal nature through legislation and clarify its evidentiary effect through judicial interpretation. Thirdly, this article researches the payment of the cost of spilled oil cleanup organized by Maritime Administrations, and proposes that, with regard to vessel-induced pollution handling, a working procedure on compulsory administrative enforcement should be established and a record archieve system should be set up.On the still-unsolved problems after the promulgation of the Regulation, this article researches two issues. Firstly, the uncertainty of the scope of oil damage compensation claimants is discussed, and the advice is offered that a system for publicising the vessel-induced oil pollution before compensation dispute mediation should be established. Secondly, the lacking of the vessel-induced oil pollution damage fund system is tabled, and the proposal is made that a fund system with Chinese characteristics should be established through collecting fees from state-owned oil company and founding a fund management center.As far as the conflict between the Regulation provisions and international Convention requirements is concerned, this article probes into the way on how to coordinate the accident safety investigation required by International Convention for the Safety of Life at Sea and the pollution accident investigation prescribed by the Regulation, and proposes that a specialized accident safety investigation agency should be set up.