The Pure Economic Loss In Marine Environment Pollution In China Ought To Be Protected

This paper starts with the existing Chinese law and combines the relevant provision of foreign laws and international conventions. This paper has great legal implications and profound realistic significance for constructing the legal provision of pure economic loss caused by marine environmental pollution, protecting the marine environment of our country, regulating the marine business operation and maintaining the good marine economy order.The paper utilizes the methods of literature research, site survey, comparative analysis and case study, aiming to fully grasp the research fruits about pure economic loss and other relevant areas, and to timely know the development of the research of pure economic loss caused by marine environmental pollution. Based upon the first hand materials and by way of comparative analysis and summary with foreign laws and international conventions, this paper reaches conclusion of the stand and viewpoint that the Chinese law should take. The paper selects the typical cases to analyze, exactly grasps maritime judicial practice relation to pure economic loss of oil pollution damage, and on the basis of previous research results and the analysis of the relevant precedents, the paper proposes the construction of Chinese laws relating to pure economic loss.The paper firstly uses three real cases to expound the different rules under different legal systems on the scope of compensation against pure economic loss, so as to realize the problems in the compensation against pure economic loss as well as the significance of introducing the related systems into Chinese law; Secondly, this paper emphasizes thenecessity of establishing related system by comparative analysis of foreign laws relation to pure economic loss; Finally, due to the necessity and urgency of establishing related system, the paper suggests what kind of view and standing point we should hold in terms of pure economic loss of marine environmental pollution and future legal construction, in order to benefit maritime judicial practice.