Study On The Subject About The Civil Compensation Mechanism Of The Ship-based Oil Pollution Damage

The vigorous development of China’s tanker transportation results inconstant oil accidents from ships. It is important and urgent to establisha perfect civil compensation mechanism of the oil pollution damage fromships (hereinafter referred to as "the issue") because of the oilpollution disasters such as Torrey Canyon, the Erika, Exxon Valdez frominternational scope, Tasman Sea from domestic scope and Dalian New Harbour,Conoco not long ago.Civil compensation mechanism of the oil pollution damage from shipsis a comprehensive system which covers many core mechanisms such asapplication scope, subject, compensation scope, liability restrictionand in which the subject item is the prior problem. In this paper, theauthor deeply and detailedly introduces and further suggests what kindof pattern China should form about this issue, that is the balance of theship-owner and the oil cargo interests with the whole societyparticipating. The author wishes this paper can provide reference for thisissue.Chapter1introduces basic knowledge about the civil compensation mechanism of the oil pollution damage from ships, including the definition,nature, characteristics of the related issues, the exception clauses,compensation scope and imputation principal. The essential requirementof the principal of strict liability requires the subject of the civilcompensation mechanism of the oil pollution damage from ships should bediversified.Chapter2explores the main tendency of the international and foreignlaws about the issue and the advantages and disadvantages of Chineselegislations on it through analyzing and comparing the international,foreign and domestic laws and regulations about this issue.Chapter3does study on the issue under several special situationssuch as ship operator, ship tenant and state.Chapter4provides the appropriate suggestions on legislation aboutthis issue through detailedly elaborating several mechanisms such ascompulsory liability insurance, oil fund and direct action related withthe issue under the foresaid elaboration.