Study On Subrogation Right Of Ship-Source Oil Pollution Compensation Fund

In order to establish Chinese Ship-Source Oil Pollution Compensation Fund system,China has actively explored on the basis of the experience of the International Fund for Compensation for Oil Pollution Damage,and officially established the system in 1992.Different from the research and legislative improvement of the subrogation right system of insurance,Chinese study on the subrogation right of the Ship-Source Oil Pollution Compensation Fund is very scarce,and the subrogation right system of the Ship-Source Oil Pollution Compensation Fund has not been established.Therefore,this paper will discuss the related issues in the exercise of the subrogation right in situation that the subrogation rights of the Ship-Source Oil Pollution Compensation Fund has been established but the subrogation rights system of the Ship-Source Oil Pollution Compensation Fund has not been established.In addition to the introduction and conclusion,this article is divided into three parts.The first part analyzes the era value and function of the subrogation right of the Ship-Source Oil Pollution Compensation Fund.Including the development of the times urgent need to establish a subrogation right system for the oil pollution damage fund of the ship,and the three functions of the subrogation right of Ship-Source Oil Pollution Compensation Fund.The second part is to define the nature of the subrogation right of the Ship-Source Oil Pollution Compensation Fund,and to analyze the acquisition of the subrogation right of the Ship-Source Oil Pollution Compensation Fund.Mainly by comparing the subrogation right of the Ship-Source Oil Pollution Compensation Fund with the subrogation right in the traditional civil law,the creditor subrogation right in the contract law,and the subrogation right of insurance,and further defining its nature.With regard to the part of acquisition of the subrogation right of the Ship-Source Oil Pollution Compensation Fund,the conditions for acquisition,the method of acquisition and the time of acquisition were analyzed.The third part analyzes several issues that need to be clarified in the exercise of the subrogation right of Ship-Source Oil Pollution Compensation Fund.It includes the subject of exercise,the scope of exercise,the rights and obligations of each subject in the exercise,the relevant validity in the exercise,and the subject of litigation and the limitations period after file a lawsuit of subrogation right.