Study On The System Of Tort Creditor Protection Of The Marine Environment From The Perspective Of Commercial Law

Compared with the general tort, because the implementation of the main marine environmental tort are for-profit business entities, and associated with the main provider of business objectives, the traditional tort law in the natural human foundation has been unable to conduct regulation. Is the marine environmental tort and commercial behavior, so it is necessary to use the concept of commercial law to re-examine the predicament of traditional tort law, the elements and on the basis of the law of marine environmental tort liability deconstruction thinking, establish joint liability generally, and the introduction of punitive damages and pure economic loss compensation mechanism, and construct the marine environmental tort relief of creditors diversification system. This article from the commercial value of the unique concept, difference analysis of civil liability and commercial liability, and the marine environment tort and the firm is associated, deconstruction of marine environment tort liability from the perspective of commercial law, in order to maintain in the marine environment infringement of the creditor’s rights and interests.The first chapter of the commercial law value and commercial liability briefly, analyzing the differences between civil and commercial liability from liability risk burden, community responsibility and the responsibility of the increase and the limitations, embodied in the commercial paper commercial liability system and legislation, theory basis for the first theorem.The second chapter analyzes the dilemma of the system, the interests of the creditors of the marine environmental tort relief. The weak aspects of severity and consequences of infringement of creditor from the particularity of the subject, the behavior of the purpose of making profits, damage to the marine environment tort is deconstruction, the marine environmental tort creditor protection system to lay the foundation for correction. Combining with the current situation of pollution and the claim of the marine environment, the traditional tort law, environmental protection law in the legislation and practice of marine environmental tort creditors to safeguard the interests of the lack of review.The third chapter, from the perspective of commercial tort liability, to distributive justice, corporate social responsibility and marine internal and external environment as the starting point, study the marine environmental tort creditor protection system of commercial law from the perspective of theory revision.The fourth chapter, based on the special nature of infringement in the marine environment, from the perspective of commercial law, the marine environmental tort imputation principle, the subject of compensation, scope of compensation and the marine environment tort creditors diversified system construction and other aspects of the relief system of the present stage correction of marine environmental tort creditor’s rights and interests, to coordinate the relevant system, to achieve relief to the interests of creditors of marine tort the environment.