Comparative Study On Compensation System Of Marine Ecological Damage Between China And America

Marine ecological damage is a special marine environmental "public welfare damage",which is different from the general tort damage.The purpose of compensation for marine ecological damage is not to make up for the loss of victims,but to restore the damaged marine ecology.The compensation system for marine ecological damage is a series of laws and regulations,formulated or approved by the state to adjust the various social relations formed in the process of compensation for marine ecological damage,which refers to the purpose of safeguarding marine ecological interests,making up for the loss of marine ecology and restoring the damaged marine ecology.Compensation for marine ecological damage involves a wide range of fields and takes a long time.Without a sound legal system guarantee,it is difficult to fully compensate for marine ecological damage.China has not yet established a perfect compensation system for marine ecological damage,which leads to the failure to obtain adequate and effective compensation for marine ecological damage in time.The US marine ecological damage compensation system was established earlier,and a relatively complete legal system has been formed.It has set a good example in the treatment of marine ecological damage compensation,but it is also not perfect.The compensation system for marine ecological damage between China and the United States has significant differences in the content of legal subjects,scope of compensation,and evaluation rules.In terms of the subject of responsibility,the United States adopts the principle of strict liability,and distinguishes the source of pollution,and stipulates the subject of responsibility according to the damage caused by different facilities.China has more provisions on the subject of responsibility,but almost is relative principle.And there is a certain dilemma on whether the partner is responsible for the determination.On the subject of the claim,China and the United States are mainly national claims,combined with environmental public interest litigation subject,but the scope of the United States is wider,which includes individual citizens.In terms of the scope of compensation,both China and the United States follow the "highest guiding principle" of compensation for losses,emphasizing the restoration of damaged ecological resources to the baseline state,but the United States has a relatively wide range of compensation.In the aspect of damage assessment,the United States has the characteristics of diversity and flexibility,while China is relatively single.In view of the problems existing in China's marine ecological damage compensation system,this paper is improved from the following aspects.First,improve China's Marine Environmental Protection Law.Identify the basic definition of marine ecological damage,while paying attention to the distinction between related concepts.Procuratorial organs and environmental protection organizations are explicitly included in the scope of the claim,allowing citizens to participate in the claim process under certain conditions.In the order of claims,the model of national priority,environmental protection organization supplement,and citizen supervision is adopted.Second,improve relevant legislation on Marine oil pollution damage.Formulate a special oil pollution law to stipulate all types of oil pollution damage,and clarify the main body of compensation.Explain the scope of compensation,eliminate the prevention fee,and include the cleaning fee as an independent item.Fourth,improve the damage assessment mechanism.Improve the legal effectiveness of the evaluation basis,refine the evaluation process,and strengthen the qualification management of the evaluation subject to improve the quality of the assessment.