Us Fund Compensation System’s Guidance For Chinese Fisherman Affected By Oil Spill In Bohai Bay

Oil Spill has a definite bad effect on the waters. On the occasion of oil spill in waters where fishery runs, not only the output will decrease, but also the animals and plants in waters will be affected in growth and development. Fishery is a industry with high returns but requesting high investments and bears high risks, thus oil spill may make fisherman get nothing as they have expected. Fisherman usually suffer a tremendous loss.Chinese fisherman meet obstacles in pursuing compensation for damage as result of Bohai Bay oil spill. They could not achieve enough compensation either in administrative mediation or in litigation. Moreover, illegal things and deprivation of right to claim existed in the two methods. As oil spill occurred last year in U.S. with similar magnitude, and compensations successfully reached the injured person through funds, the object of this paper is the United States and China’s fund system. The purpose is to investigate current problems in the process of oil spill compensation to fishermen and to find out whether any improvement can be made so that fishermen get compensation by way of funds.Methods as comparative analysis and empirical analysis will be used in the paper. The success of U.S. Experience is the basis of the whole learning. The article mainly compares the fund systems both in U.S. and in China with the help of actual facts on the compensations in the two countries, after which the paper will analyze merits and demerits of funds for the aim of improving the current funds system of compensation.The article will be divided into four chapters. The first chapter will illustrate the similarities between the two countries by comparing China and U.S. oil spills, so as to lay a foundation for comparison and reference later. The second chapter focuses on the analysis of specific U.S. fund regulations dealing with fishermen’s claim for compensation and problems that appeared. The third chapter will analyze China’s existing fund regulations. Because it is not common for the use of oil spill compensation fund, it is inevitable that there will be problems in the face of a heavy oil spill. Chapter IV will compare China and the U.S. funds in particular aspects, analyze the pros and cons of the two funds, and offer suggestions for fund system to improve compensation for fishermen. Based on the above analysis, the final conclusion is that China needs to adjust the level of compensation fund stipulations in the legal system, and more adjustment is necessary in the specific design of the fund compensation legal system, which includes a wider range of damages, higher sets of fund limitation and more determined and impartial procedure.