The Research Of Marine Oil Pollution Damage Limitation Of Liability For Compensation

At present, our country has yet to formulate special civil legislation of marine oil pollution damage limitation of liability for compensation. The relevant provisions mainly refer to "marine environmental protection law", "maritime litigation special procedure law", "maritime law" and so on. This thesis carried on the thorough analysis of the system which is based on the fundamental theory of international law, environmental law, administrative law and jurisprudence.And on the basis of the study, from the point of perfecting the safeguard mechanism of domestic oil pollution damage compensation, I propose to establish "double funds" security mode which conforms to the situation of our country, marine oil pollution compulsory liability insurance system and direct lawsuit system. To some extent, the research results of this thesis aim to balance the legitimate rights and interests of the parties, prevent risks of offshore oil transportation and protect marine ecological environment in our country.This article is divided into five parts in the form of progressive transformation to study the system. The first part is an introduction which introduces the background, scope and significance of the system. Then, the part explains the existing literature review, the research methods, innovation and deficiency of the thesis.The second part is the evolution and the connotation analysis. The part mainly introduces the evolution and significance of the system, the definition of ship oil pollution damage compensation responsibility restriction, constitutive requirements and other aspects of the system. What’s more, the part also refers to the relevant legislation practice in the end.The third part introduces a damage compensation fund which is closely connected with marine oil pollution damage limitation of liability for compensation. The fund is a necessary condition to have the right of limitation of liability against oil pollution damage. If the subject of power doesn’t apply to set up the fund in time, he will not be able to quote the right of limitation of liability for compensation against oil pollution victims’ claim, and will therefore assume unlimited liability. This part respectively expounds the distinction between the fund and other related concepts, the main content and the existing problems of the fund. It also makes preparation in theory for constructing the "double fund" in the following part.The fourth part is the most crucial chapter in this paper. Firstly, the Eric Ship which suffered from an oil spill accident in France is a breakthrough point. Secondly, the part analyses the necessity of establishing the safeguard mechanism of domestic oil pollution damage compensation, the enlightenment of foreign legislation practice and the specific suggestions of perfecting the guarantee mechanism. Finally, on the basis of the international legislation and the domestic practice, the countermeasures of perfecting domestic guarantee mechanism for oil pollution damage contain three aspects, such as establishing a "double funds" security mode, building a compulsory liability insurance of marine oil pollution damage and constructing systems of direct lawsuit or civil public interest litigation.The last part is the conclusion of the article as a summary to all of the above viewpoints.