The Study On The Responsibility Of Non-leaking Party In Claims For Damages Arising From Collision Of Ships

China is a country with great territory of open seas, marine environment protection remains a basic state policy for China and an important part of national econmic persist development. At present, we haven’t establish a complete system of compensation for oil pollution damage from ships. The rules related to it can be found in current law and administrative rules and regulations. However, there are no firm rules about compensation for oil pollution damage from ships. Under the circumstance of marine environment protection caused by oil leakage from ship collision, whether non-leaking party should be regard as the direct subject of liability for compensation. This is also the controversy that academia and practitioners focus on. Based on the responsibility of non-leaking party under the circumstance of marine environment protection caused by oil leakage from ship collision, the theory of causality in civil laws and joint-tort in torts are applied to this thesis. Firstly, this thesis explores the responsibility of non-leaking party in the system of compensation for oil pollution damage from ships. Secondly, it analyzes different ways of responsibility identification in judicatory practice. Last but not least, it explained the problem of responsibility identification existing in the current system of compensation for oil pollution damage from ships collision. Finally, The thesis, in accordance with the condition of our country, gives suggestions about way of perfecting.