The Ecological Restoration Liability For Marine Oil Spill

It is self-evident that the marine oil spill accident will cause great damage to the marine ecological environment.According to the statistics of relevant departments,41 oil spills occurred in China during the Eleventh Five-Year Plan period,resulting in heavy losses.In recent years,China has been promoting the construction of ecological civilization.In order to promote the comprehensive management of marine ecological environment,it is necessary to strengthen the implementation of marine oil spill ecological restoration responsibility.This paper intends to analyze the legal nature,constituent elements and dilemma of liability for ecological restoration of marine oil spill,with a view to putting forward reasonable and effective countermeasures.The value of marine oil spill ecological restoration responsibility refers to marine ecological interests,which is compensatory and systematic.It is different from traditional civil liability such as tort liability and breach of contract liability,and does not focus on relieving private interests.It is a new type of environmental civil liability.In the process of establishing the civil code in China,we should leave a "port" for the responsibility of ecological restoration in order to build a civil legal system with diversified values.The components of marine oil spill ecological remediation responsibility include subject,marine oil spill pollution behavior,marine ecological damage,causal relationship between marine oil spill pollution behavior and ecological damage.The main body of responsibility for marine oil spill ecological restoration includes the polluter and the government.The polluter can choose to repair the damaged environment directly or pay the cost of restoration.The marine pollution behavior of oil spill should be applied to the principle of no fault liability because of its great harm and high risk.The confirmation of the fact of marine ecological damage should be combined with the analysis method of ecological factors,requiring that the loss of marine ecosystem function is actually caused.The identification of causal relationship between marine oil spill pollution and ecological damage is crucial in litigation.At present,there is no special legislation on marine oil spill ecological restoration in China,which is scattered in various environmental protection laws,administrative regulations,local regulations and regulations.Compared with the whole marine environmental protection system,the proportion of marine oil spill ecological restoration is very small,and the relevant provisions are too principled,resulting in the asymmetry of punishment and actual damage,and the inconsistency between the polluting actors and the restoring actors.At the same time,due to the deficiencies of the accountability mechanism for marine oil spill ecological restoration,the difficulty of public interest litigation in marine environment has been greatly enhanced in practice.Therefore,this paper puts forward countermeasures for solving the dilemma of marine oil spill ecological restoration.We should improve the funds,subjects and investigation procedures for marine ecological restoration.Improving the penalty cap of marine oil spill pollution,establishing the marine oil spill ecological restoration fund system,and establishing the system of multi-subjects jointly participating in the ecological restoration are conducive to smoothly promoting the implementation of marine oil spill ecological restoration responsibility.