Damage Compensation System Research Of Oil Pollution From Ships

With the rapid development of the economy and the rise of people livingstandard, the industries which need oil mostly in China---industry andagriculture and automobile industry have grown rapidly which leads thedomestic oil demand rebounds strongly. According to the statistical dataanalysis results which published by Platts, China’s apparent oil demandwas39.08million tons in November2011, rising2.6%year on year, thedaily demand of954million barrels, up to the second high daily demandduring the year on average.Offshore oil transport will show the momentumof sustained growth, thus the chance of marine oil pollution incidentsis also increasing, the marine environment is heavily polluted, the victimloss serious but rarely receive full compensation.The international oil pollution compensation system，"1969International Convention on civil liability for oil pollution" and theprotocol of1992,“the International Convention on the Establishment ofan International Fund for Compensation for Oil Pollution Damage in1971”and the protocol of1992,"2001International Convention on civilliability for oil pollution" and the “1990Oil Pollution Act” of UnitedStates, etc, represents the highest research level of the compensationlaw for oil pollution damage, is the game outcome by countries; the mostimportant core content is: applicable scope, subject of compensation,scope of compensation, limitation of liability, by the specificprovisions for each content, clear the scope of compensation, determinethe main subject which should take the responsibility, limit the amountof compensation, aim at protect the development of shipping industry underthe premise of giving full compensation to victim. China has already joined the international convention system, but has no special domesticoil pollution act, the provisions scatters in a number of legal documents,and there is mutual contradiction among them. In2011, the SupremePeople’s Court promulgated" Provisions on the trial of cases on disputesover the limitation of liability for maritime claims" and “Provisionson the trial of ship oil pollution indemnity dispute case”, inheritedthe system and contents of international convention, alleviate thelegislative gaps and unclear about the compensation for ship oil pollutiondamage which is great meaningful; but on the validity of internationalconventions and domestic law, the operation level of compensation for shipoil pollution damage is insufficient which needs further provisions.The research on the compensation of ships oil pollution damage willfill up the legislative blank in China, lots of academic discussion willalso play an important guidance and exemplary role for building thecompensation law of ship oil pollution damage in China, which also hasa certain referential significance.