A Study On Compensation For Personal Damage Caused By Offshore Platform

Along with the development of oil industry offshore, the number of offshore platform is on the increase, together with more and more incidents taking place, and severe environmental pollution and personal damage arising therefrom, whereas the current situation of laws and regulations regarding compensation for personal damage in our country is far from perfection and satisfaction. To be more specific, there are only Regulation on Work-Related Injury Insurance,Legal Interpretation for the Application of Law on Trial of Personal Injury Compensation and other informal legal regulations in the civil law field. As to the laws and regulations in the compensation for personal damage offshore, only several provisions in China Maritime Law should be applied, let alone the malady of different compensation should be applied according to specific identity of each subject. The lack of law in the field of compensation for personal damage resulting from offshore platform leads to the insufficient legal protection for the victims. On the basis of current established laws and regulations, this paper aims at discussing the compensation for personal damage caused by offshore platform from the perspective of infringement.This paper is divided into the following four chapters,Chapter 1 focuses on the overview of compensation for personal damage caused by offshore platform. The connotations of both personal damages and compensation are explicitly demonstrated in the first place. Secondly, nature and particularity of the compensation for personal damage arising from offshore platform is clearly illustrated. Thirdly, the application of laws concerning compensation for personal damage caused by offshore platform, and the current situation and existing problems of the laws in our country is discussed.Chapter 2 aims to clarify the composition for personal damage resulting from offshore platform, as well as the applied liability principles, elements of composition and exemptions from liability are well determined.Chapter 3 gives a major introduction to the subjects of compensation for personal damage caused by offshore platform, with a subject of a right, a subject of a duty and their legal obligations covered. Chapter 4 discusses the scope and limitation of liability of compensation for personal damage caused by offshore platform, which consists of fully discussion of the necessity for compensation for psychological loss, and the specific establishments for limitation of liability.