The National Compensation For The Damage Of The Marine Ecological Environment

The ecological environment is the matrix on which human to survive and develop,who not only supply to human the primary products, but also support us the uniquecondition and place to work and live with, marine eco-environment is a part of thewhole ecological environment, it is also the important habitat to us, when is in shape,it can not only provide us the marine food products, primary and sub resources forproduction, but also make a contribution towards global circulation of materials, whenthe marine eco-environment sustains damage, the ocean’s atmospheric adjust function,anti-jamming function, food cycle function and biological control function willaccordingly be destroyed, it will threatening the survival and development of thehuman race.This essay starts with the oil accident which is the high-frequency cause of marineecological damage, use both abroad and domestic experience, and especially learnsthe American related system to research the Chinese defects of currently system, andhope to improve it.Nation’s claim for marine ecological environment damage means, the law grantspower to administrative body to claim compensation when the marineeco-environment is under average, it is different from general civil claims andnational compensation. In currency, Marine Environment Protection Law and Offshore Oil Exploration and Development of Environmental Protection ManagementRegulations are the base of the nation’s claim for marine ecological environmentdamage, and the defect of this system is that lacking of scientific identification andassessment standards, existing conflict in the legal system and so on.Accordingly, we can improve the system in these ways, firstly, using theadministrative law tools, choosing the administrative order to resolve the nationalcompensation for the damage of the marine ecological environment problem，secondly,learning from the way of American government, clearing the relevant testing andassessment tools.