A Study On The Feasibility Of The Establishment Of Compensation Fund For Marine Ecological Damage

This article will take the current situation of marine ecological environment damage in China as the background,and the newly revised“Regulations on Establishing a Perfect Marine Ecological Protection Compensation System”in Article 24 of the Marine Environmental Protection Law is the entry point to compensate for marine ecological damage.Through the overview of the marine ecological damage compensation fund system,the feasibility analysis of setting up the marine fund in the realistic sense,the feasibility study of establishing the marine ecological damage compensation fund in the theoretical sense,and the significance of the fund construction,combining these four parts to specifically explore the feasibility of the final establishment of the Marine Ecological Damage Compensation Fund.In order to construct the marine ecological damage compensation fund system in China,and even to further establish and improve the marine ecological protection compensation system,The author makes a modest contribution from the theoretical basis level in this article.In addition to the introduction and conclusions,the main body of the article is divided into four chapters:Chapter ? "Overview of the Compensation Fund for Marine Ecological Damage”is the basis of the basic theoretical analysis of the whole article.Through the analysis and definition of the relevant concepts of the marine ecological damage compensation fund system,the two-way meanings of "compensation”and“compensation”in Marine Ecological Damage Compensation Fund are further understood.In addition,through the characteristics of compulsory,special-purpose,compensatory and compensatory features of the Marine Ecological Damage Compensation Fund,as well as its safeguards relief function,social contradictory mitigation function,deterrence and prevention functions,it lays a macroscopic foundation for the construction of the ecological damage compensation fund system.Chapter ?“The realistic feasibility and significance of the establishment of marine ecological damage compensation fund",starting from the legislative status and existing problems of marine ecological damage compensation in China,specifically the limitations of environmental pollution infringement liability and the established oil pollution damage compensation fund of the ship itself.Based on the advanced operation mode of the International Oil Pollution Damage Compensation Fund and the support of the domestic legal environment and policies,this paper explores the feasibility of constructing the Marine Ecological Damage Compensation Fund in China from a realistic perspective,and further explores the future of China.The significance of establishing a marine ecological damage compensation fund is discussed.Chapter ? "The Feasibility of Constructing Compensation Fund for Marine Ecological Damage in Theory" starts from the demand of social relief for marine ecological damage.By analyzing the theory of social relief for marine ecological damage compensation in detail,it further embodies the idea of sharing social relief in the future system construction of marine ecological damage compensation fund..At the same time,this chapter will also combine the theory of Aristotle and Rawls's theory of justice to analyze the legal basis behind the marine ecological damage compensation fund from the perspective of legal justice.Also the application of external economic principles and the theory of public goods will demonstrate the legal and economic basis of the marine ecological damage compensation fund.Therefore,this chapter demonstrates the feasibility on the establishment of compensation fund for marine ecological damage in the theoretical sense from the perspective of legal justice theory and economics theory.Chapter ?,"The Assumption of the Establishment of Compensation Fund for Marine Ecological Damage",is based on the conceptual analysis of marine ecological damage compensation fund,the analysis of legislative status and shortcomings,the reference of advanced foreign fund operation mode,the significance of establishing marine ecological damage compensation fund,and the content of legal basis contained in marine ecological damage compensation fund.In order to set up and improve the legal basis and management mode of the marine ecological damage compensation fund,the collection and use system of the marine ecological damage compensation fund in the future,the author puts forward his own ideas and suggestions on it.