Research On The Legal System Of Compensation Fund Of Our Ship Pollution Damage

With the rapid development of Chinese maritime on oil imports, our country has become the world's second largest oil consumer, and the national economy has been developed sustained, rapidly and healthy. But recently incidents from ships have caused serious pollution of the Marine environment, and impacted of the Marine economic development and human existence space, at the same. Therefore we must establish our ship pollution damage compensation fund to solve the pace of the legal system of ship pollution damages brought.In this paper, firstly the writer will sort out the relative laws and regulations about international convention, foreign legislation, and national legislation on marine oil pollution compensation fund legal system. Besides, it also introduces the development process of the International Oil Pollution Damage and importance of the establishment of marine oil pollution damage compensation system. Secondly, the paper analyses the Internal Compensation for Oil Pollution Damage mode legislation on behalf of the State. The writer divided the International Oil Pollution Compensation System into three different types: including the establishment of the domestic legal system of compensation, such as the United States; to participate in international conventions and domestic legislation, combined such as Canada; rely solely on the adjustment of international conventions, such as the EU countries. Through comparative analysis of three mechanisms, trying to find a ship suitable for China Oil Pollution Compensation mechanism model; thirdly, analysis the current status of China's Oil Pollution Compensation Fund status of the legal system and problems of the domestic maritime law scholars on the Ship Oil Pollution Compensation Fund system theory, the research and development process of legislation, proposed the establishment of the need for oil pollution fund system; Fourth, the author and content of legislative proposals designed from the perspective of the two ships Oil Pollution Compensation Fund the construction of the legal system put forward feasible suggestions.