Establishment Of Marine Ecological Damage Liability Insurance System In China

In recent years, the frequent accidents casued by Marine pollution have aroused globalconcern. Marine pollution accidents not only can create personal property damage, also causemarine ecological damage, the latter will have a more serious impact. With the improvementof global environment protection consciousness, focus of people began to shift from theproperty damage claim to the Marine ecological damage claim. In June2011theConocoPhillips Bohai oil spill accident which happened in Bohai bay in China sea marineecological environment caused serious pollution. After the oil spill accident, the accidentresponsibility tardy, handling procrastination to the Marine ecological governance and therepair are not in a timely manner. The oil spill case is in a long process, largely becausecapital is not in place timely. In terms of ecology and pollution prevention, insurance is aneffective means, which can be efficiently carried out on the Marine ecological damage claims.Scientific and effective Marine ecological damage liability insurance system is beneficial toavoid the risk of the insured and promote the insurant to strengthen ecological protectionwork, can get rapid governance of marine ecological damage at the same time.At present, the founding of environmental liability insurance system is under way,whose research pays heed to the third party personal property damage in the environmentalpollution accidents which shall bear the liability to pay compensation for the subject matter ofthe insurance, in stead of concerning the building of ecological responsibility insurance.Based on the thinking caused by ConocoPhillips Bohai oil spill case as a breakthrough point,the perspective of jurisprudence research on the construction of Chinese marine ecologicaldamage liability insurance system, and the\"ask questions-analysis problem-problemsolving\" research thought train, specific design was carried out on the Marine ecologicaldamage liability insurance in our country, for the related departments to modify marineecological damage liability insurance system in China with theories and references support,and apply the research in practice. The three most of the thesis are divided into four chaptersin this essay.The first part of this article is illustrated in the first two chapters, which highlight theshortcomings of Chinese Marine ecological protection system by the treatment processproblems aroused by ConocoPhillips Bohai oil spill case. While insufficient funds and repair management are the biggest causes of marine ecological deteriorating, as a consequence, theauthor’s suggestion of the Marine ecological damage liability insurance system in China isproposed. The first part of the essay by the practice of the specific case of extracting thesis,puts forward the construction of the Marine ecological damage liability insurance system inour country’s concrete design, expounds the related definition and value of the system.The second part is presented in chapter Three, Chapter Three elaborates the essence ofthe in-depth analysis of the current obstacles in establishing this system. It has been thoughtthat ecological damage has its insurability, marine ecological losses can be incorporated intothe liability insurance compensation scope. In addition, Chinese marine ecological damagecompensation scope includes not only reasonable expense for resuming the actualenvironment, also the irreversible environmental damage compensation. In this paper, thesecond part for building the marine ecological damage liability insurance clears theoreticalobstacles, lays a theoretical basis for building this system in China.The third part is explained in the fourth chapter of this article, mainly about the differenttypes of marine ecological damage, insurance mode, insurance institutions, coverage, which isbased on Chinese comprehensive consideration. As a result, more scientific system ofconcrete suggestion are put forward, This paper argues that Marine ecological damageliability insurance of China adopts the model of compulsory insurance, performed byspecialized policy insurance institutions. In addition, the coverage is not limited to suddenMarine pollution accident insurance in policy.