| Marine ecological damage is a kind of special environmental damage that is different from the traditional damage,such as damage of body,property,and spirit,and could do harm to the public interests of an unspecified majority of people.This thesis will firstly introduce marine ecological damage and analyze the differences and connection of several concepts,such as "environmental damage","natural resources damage",and "ecological damage" by combining specific legal norms.The marine ecological damage varies from conventional damage on the objects and subjects.Additionally,it has a wide range of sources of pollution and pollutants,as well as the specific characteristics that are fluidity,long-period of time,and difficulty of being identified,increasing the difficulty in clarifying the scope of compensation for marine ecological damage.Therefore,clarifying the scope of compensation for marine ecological damage is also one of the issues that needs to be solved.Secondly,by combining and comparing the judicial practices of China's typical marine ecological damage compensation,the thesis will analyze the existing problems in China's current system in legal practice.These problems are the limitations caused by international conventions,conflicts with environmental public interest litigation,the immature of damage assessment mechanism,the lack of damage compensation management system,and consultation and resolution and the issue of ambiguity between lawsuits.By combining the American practice case,through the comparative study,the thesis refers to the American experiences,seeking whether there is any reference.Finally,in order to provide a better mechanism to protect Chinese marine environment,to sustain the development of marine ecology,by combining the Chinese practices,the thesis suggests to consult the compensation system of natural resources of the USA,and to modify Chinese marine ecological damage compensation system in the aspects of legislation,justice,and safeguard systems. |
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