Study On The Systems Of Compulsory Liability Insurance Of Vessel In China

Ocean is a treasure house for humankind,she helps us to enter into a better world. With the rapid development of science and technology,people gradually make more and more use of sea.However,she received increasing severe damage as a result of human race’s overmuch activities.Among marine oil pollutants,oil pollution is the largest.During1967and1996,54oil spilling accidents with ten-thousand-tons above has happened in all the world. One of these accidents is the Exxon ship spilling,which took place in America in1989, brought about a number of8billion dollars loss and took decades to eliminate the harmful effect to environment. The international society realized that we must take measures to prevent larger oil pollution distress and provide victims for adequate compensation to protect environment,especially after the appearance of the Torry Canyon casualty.Therefore,the International Marine Organization draw up a series of international treaties on oil pollution compensation,including the International Convention on Civil Liability for Oil pollution Damage and the International Convention on the Establishment of an International Fund for Oil Pollution Damage and so on.Then other countries and regions in the world began to design oil pollution act successively.Because of great loss of the oil pollution,the ship-owner usually cannot afford the compensation and may be bankrupt,so the sufferer could not retain full reparation.The international community focus on how to resolving the problem above.The Compulsory Liability Insurance system settled the question. Compulsory Liability Insurance emerges with the expansion of liability insurance,and liability insurance comes with the objective existence of civil liability and the exaltation of legal system. Since the1969International Convention on Civil Liability for Oil Pollution set up this institution,it has played an active role in environmental protection and the shipping industry’development..Compulsory Liability Insurance has been adopted by many international treaties and lots of national laws.As a large maritime country,China possess extensive ocean areas and resources,multiple marine ecosystem and biological species.With the economic development comes many kinds of pollution,the sea meet with severe environmental pollution. Since2003,China has become the second largest petroleum import country,that’s to say, she will import increasing oil. With increasing oil transportation,the development of shipping industry,maritime environment faces serious pollution from vessel.In admiralty domains,international insurance law attach great importance to compulsory liability insurance.Measures of the People’s Republic of China for the Implementation of Civil Liability Insurance for Vessel-induced Oil Pollution Damage has came into force on October1,2010, it is important to establish compulsory liability insurance.Therefore,it is necessary to review international compulsory liability insurance system and make the institution better in our country.This article based on China’s national situation and relevant laws and regulations,learning from international legal experience so as to make the system effective and practicable.