Tort System Of Marine Resources

Ocean of vital importance for the earth and life, it is the treasure house of human survival and development resources, the rational development and utilization of marine resources will be an important way out of human beings to solve the shortage of resources, rapid population growth and other problems. This article firmly grasp the two main lines of the "property rights" and "infringement" on the practice of marine resources, property rights violations through the perspective of marine resources, property rights system, the type of analysis, for the marine resources infringement the effective regulation of seeking an institutional protection.The paper is divided into five major sections discuss the tort system of marine resources.The first part is an overview of marine resources. Article is to start from concept and characteristics, revealing the diversity of marine resources, multiple use, sensitivity, and other connotations,"CNOOC" event perspective, analysis of our existing system of legal protection of marine resources, and perspective The lack of marine resources in China’s legal system.The second part of the Commentary on the property rights system of the marine resources. Through the ownership of marine resources, marine resources, described the usufructuary and security interest in the classification of marine resources, and explore the marine resources of property rights to acquire, change and destroy. The positioning of the property rights of the marine resources is the basis of the tort system of marine resources.The third part of the tort system of marine resources. The article first discusses the necessity and value orientation of the tort system of marine resources, and proposed the establishment of the system should take into account the economic and ecological benefits, both relief and prevention. Second is the system of tort theories of marine resources specifically addressed, including the interpretation of the infringement of the legal relationship of marine resources, violations of marine resources feature and the exposition of the Principles of Responsibility, as well as the constituent elements of the tort liability of marine resources, disclaimer of subject matter and form of liability Classification of theory to build framework of the tort system of the marine resources.The fourth part is infringing types of marine resources. The article closely around the ownership of marine resources, the contents of the usufructuary and security interests usufructuary right the infringement of a security interest in violation of the ownership of marine resources, were analyzed and classified. Fifth part of the tort system for marine resources, dispute resolution mechanisms. The article discusses the first solution on the traditional self-help, social relief and public relief three disputes, followed by some suggestions for Infringement of marine resources, restore the status quo. Effective relief of their marine resources infringement liability insurance, the elaboration of environmental compensation fund that has practical significance.