Research On Compensation System Of Marine Environmental Pollution Damage Caused By Offshore Oil Exploitation

With the development of the global economy,the demand for the resources is increasing and countries around the world are paying more attention of the development and transform of the resources.The huge oil resource which contained in the Ocean drives countries around the world fastens their paces to develop and utilize the marine.The offshore oil exploitation has brought huge resources to the human being on one hand but it has brought about the Ocean pollution on the other hand.The largest damage brought by the environment pollution caused by the offshore oil exploitation is the damage against the marine eco-environment.As a maritime country,China is making the most use of the marine resources,while also facing the fact of the severe damage against the marine eco-environment.Although the existing laws such as "Environmental protection Law" and "Marine Environment Protection Law" have requested the person liable shall bear the compensation responsibility.However,these laws are just principle provision and neither the claiming body nor the liability subjects is clear and there are no specific rules of the extent of compensation.This article will discuss the civil legal issues of the marine environment damage resulted from the offshore oil development.The article is divided into four parts:The first clarifies the current situation in legislation against the marine environment damage resulted from the offshore oil development and reviews the existing laws,regulations and policies.The legal sources of pollution damage of offshore oil development include constitution,laws,regulations,rules,judicial interpretations and international conventions.The basic content includes four aspects:the principle of compensation for oil pollution damage from offshore,the constitutive elements of compensation,the scope of compensation and the relief procedure.The second part expounds the problems existing in the pollution damage system of offshore oil exploitation in China.By analysis,the author believes that the main body of the existing system is not clear,and the subject of liability for damages is still relatively vague,the scope of compensation is too narrow,there is no specific quantitative standards for the amount of damages,the lack of a series of issues such as oil pollution damage compensation fund system.The third part,the author investigates the International Convention and the legislation of other countries,such as the United States,Canada,Britain,etc.At the same time,compared with China's relevant laws to get some enlightenment.To improve the legal system of compensation for marine pollution damage to offshore oil,to make up for the shortcomings of the existing offshore oil pollution compensation mechanism for marine pollution damage.We can also establish a system of compensation for oil pollution damage,so that victims receive timely compensation.The fourth part of the offshore oil development pollution damage compensation system needs to be further improved.This paper puts forward the corresponding countermeasures for the main body of the claim,the subject of compensation for damages,the scope of compensation,the compensation fund system,the amount of compensation and so on:in the light of the claim,the claim of the state,the right of claim of the individual and the unit,the conditions of the prosecution of the Procuratorate are determined;to achieve the unity of the subject of liability for damages;to extend the scope of damages to direct losses,to restore the cost of the environment and the cost of the investigation and assessment;in the existing rules and regulations to sum up a unified quantitative standards to a new law to determine the cost of damages;to form an international and domestic double protection,improve the offshore oil pollution damage compensation fund system.It states the point that the legal system of the damage caused by offshore oil exploitation should be established on the basis of a variety of systems.