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Civil Liability For Oil Pollution Damage Of Our Country Shipping Pollution Imputation Principle Of Legislative Research

Posted on:2016-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:D H ChenFull Text:PDF
GTID:2336330467496262Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Since the20th century, because of ship oil pollution accidents occur frequently, caused serious damage to the Marine ecological environment, the citizen's personal and property caused great damage. So to ship legislation of civil liability for oil pollution damage has to break through the traditional maritime law of fault liability. The typical oil pollution international conventions and foreign legislation adopts the strict liability doctrine.This article Based on the study of ship imputation principle of civil liability for oil pollution damage problem, Combining the basic theory of civil law and tort law, Introduced the imputation principle of legal definition and different kinds of ship oil pollution imputation principle, Analysis of international conventions and foreign legislation on the ship's civil liability for oil pollution damage taken by the imputation principle, Come to the conclusion that our country "Marine environmental protection law," maritime law ", the anti-pollution regulations there is a lack of all kinds of various laws and regulations, Should be major changes to the Marine content of ship pollution imputation principle.Change to ship oil pollution liability, liability subject, jointly and severally liable to perfect our country's Marine oil pollution imputation principle. The first part of the article introduces the marine oil pollution liability principles related to thedefinition and types; The second part introduces the imputation principle adopted by the InternationalConvention and foreign legislation, And in the summary analysis of the similarities and differences between them and their respective merits; The fourth part analyzes the related regulations of oil pollution from ships of the imputation principles of current legal rules in our country, points out the deficiency of relevant; The fifth part combined with the practice of international conventions and relevant foreign legislation to put forwarility prind relevant suggestions, Make up for the deficiency of China's marine oil pollution liabciple of legislation?...
Keywords/Search Tags:ships oil pollution, Liability Rule, Disclaimer, joint responsibili
PDF Full Text Request
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