A Research On Tortious Liability Of The Compensation For The Pollution Damage Caused By The Leakage Of Transportation Pipeline At Sea

In this paper, the main subject contains determining the tortious liability of the pollution damage and compensating the victims of the pollution damage in time when the pollution are caused by the leakage of transportation pipeline at sea. When a case of the pollution caused by pipeline occurs, there exist two steps in the compensation of victims in time. The first step is to find the responsible person, which clearly locates the polluter of the marine environment. And then the polluter is required to be responsibility for the marine environment pollution damage. The second step is to determine the Claimant. Because the pollution caused by transportation pipeline on ocean often has a wide spread, so the determination of claimant is also an important task. When the pollution caused by transportation pipeline on ocean occurs, only if tortious liability is fixed efficiently in time, the polluter step up their vigilance and pay attention to protect the maritime environment, the tragic events of the maritime environment pollution caused by the leakage of transportation pipeline on ocean are prevented in essence.In reality, because of the insufficiency of laws and regularities on the pollution damage caused by the leakage of transportation pipeline on ocean and the duty of subjects deliberately are in fraud of law, so it is difficult to establish the compensation responsibility of the pollution damage on ocean. To research tortious liability of the compensation for the pollution damage caused by the leakage of transportation pipeline on ocean is the most basic and efficient way on solving the problems of the maritime environment pollution caused by the leakage of transportation pipeline on ocean and the compensation for victims in time.During writing this paper, the basic theories of jurisprudence, science of civil law and environmental protection law are applied; the corresponding conceptions and characteristics of the compensation for the pollution damage caused by the leakage of transportation pipeline on ocean are analyzed. Thus, the constitution of tortious liability, doctrine of liability fixation and others corresponding basic conceptions of the pollution damage caused by the leakage of transportation pipeline on ocean are researched. Then, combining Chinese laws and regulations with international treaty and convention, the duty of subjects, the Claimant and the fitness of law in the pollution damage caused by the leakage of transportation pipeline on ocean are analyzed. In the same time, aiming at the arguments on the definition of the duty of subjects, administrative organization representing nation to compensate and so on between the practice field and the theory field, the corresponding problems are analyzed, the new ideas in law circle on the compensation for the pollution damage caused by the leakage of transportation pipeline on ocean under different situations are concluded, and some shortcomings are pointed out in the current legislation.The point of view in this paper is that preventing the maritime environment pollution caused by the leakage of transportation pipeline on ocean and the compensation for victims in time are the common target of Chinese tortious liability law, marine environment protection law and various international treaty and convention. However, the problems of determination of the duty of subjects of the compensation for the pollution damage caused by the leakage of transportation pipeline on ocean and the claimant belong to the range of legislation value orientation. Quicker developing of Ocean engineering leads to a bigger risk of the maritime environment pollution. In the social background of constructing the harmony between man and nature, the laws and the regularities about transportation pipeline on ocean need to be improved and perfected.