Study On The Scope Of Compensation For Marine Environmental Damage Caused By Oil Pollution In China

The environmental legal responsibility of our country includes environmental civil liability, environmental administrative liability and environmental criminal responsibility. Marine environmental damage caused by oil pollution from ships is a typical example. Environmental civil responsibility is also known as environmental tort liability. This paper tries to answer the legal basis, compensation content and existing problems of environmental tort liability in the relief of environmental damages.The first chapter is the research on the theory of liability of marine environmental damage caused by marine oil pollution in china. Although the existing laws of our country do not admit the environmental interests, environmental interests do not belong to the personal rights and property rights. Therefore, the damage to the environment interests should cause different responsibility. Replacing the environmental damage responsibility with the environmental civil liability may narrow the scope of compensation.The second chapter is about the scope of compensation for marine environmental damage caused by oil pollution in our country. This chapter bases on the relevant laws of the scope of compensation for ship oil pollution caused by various types of damage, confirms that the scope of compensation for damage to the ocean environment should limit to reasonable measures costs.The third chapter is about the suggestions to the scope of compensation for marine environmental damage caused by ship’s oil pollution in China. This chapter points out that the relevant laws are not perfect, the scope of compensation is not clear and ecological compensation lacks supports. The relief of the environment interests needs to confirm the environmental interests in the form of legislation. Those who damage the environment should be investigated for environmental damage responsibility, rather than environmental tort liability. To solve these problems, we can draw lessons from the American public trust theory and expand the scope of natural resources to the eco system service function.We hope that through the analysis on the theory of the scope of compensation for damage to the marine environment caused by oil pollution from ships, we can come to conclusion about how to put forward the scope of compensation for marine environmental damage caused by oil pollution in China. Finally, it is suggested that the improvement of the scope of compensation for marine environmental damage caused by oil pollution in our country is to make special legislation, clear the scope of compensation and explore the way of environmental benefits.