Research On Establishing The Limitation System Of Liability For Compensation For Pollution Damage Of Inland Water Ships In China

With the rapid development of China's shipping industry,the market environment is also undergoing profound changes.New ship types,new routes,new types of contracts,and emerging auxiliary industries all pose great challenges to China's already imperfect shipping legal system.In order to better promote the development of the shipping industry and economic and trade,and promote the implementation of national strategies such as the "Belt and Road" and "Transportation Power",on November 5,2018,the Ministry of Transport issued the "Maritime Law of the People's Republic of China draft)" During the discussion on the revision of the Maritime Law,many legal systems unique to maritime maritime affairs were mentioned by experts and scholars.Whether coastal and inland water transport should enjoy the limitation of liability is one of the hot issues that has received extensive attention and discussion.When a pollution accident occurs on a ship,it often happens that the responsible person cannot fully compensate the victim's damage,and this is also the case in our domestic river liquid cargo transportation industry.Some maritime laws and international conventions of some countries or regions have liability limitation systems for ship pollution compensation.Making such system regulations seems to be contrary to the principle of fairness and justice.In fact,it is to encourage the development of the maritime industry and prevent the concentration of commercial capital to flow to maritime trade but neglect maritime transport.This article starts with the problems existing in the compensation of pollution damage from ships engaged in the transportation of inland oil products and dangerous goods,analyzes the balance of interests between the responsible person and the victim,and analyzes the protection of the interests of both parties of the accident in conjunction with the limitation system of compensation for pollution from inland river ships.Discuss the necessity and feasibility of the establishment of the system,combined with the experience of the system outside the region,put forward targeted suggestions for the construction of the system of limitation of liability for compensation for pollution damage from inland river vessels in China.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter is the legislative status and existing problems of compensation for pollution damage from inland ships.Based on the analysis of the current status of inland river pollution damage in China and the current legal basis for inland river ship pollution damage compensation,it is proposed that inland river ship pollution damage systems in the inland river ship damage compensation system are difficult to obtain protection,and the victims of pollution accidents cannot receive adequate compensation and inland river Problems such as industry chaos in the liquid cargo transportation industry.The second chapter is an analysis of the necessity and feasibility of establishing a liability limitation system for pollution damages of inland vessels.This chapter first analyzes the necessity of the establishment of the system from four aspects:the protection of inland river tankers,the different application of the system of inland river tankers and sea vessels,the need for the injured party to receive reasonable compensation and the limitation of liability for the positive effect of the inland river tanker transportation industry.Secondly,study the domestic legislation of the United States and Canada,the 1992 International Convention on Civil Liability for Oil Pollution Damage,the 1996 HNS Convention,and other international conventions,and obtain relevant legislative experience on the limitation of liability for pollution compensation of inland ships,as well as the legislative technology of China And discuss the feasibility of judicial practice.The third chapter is Contents of the Limitation System of Liability for Damage Compensation for Inland River Vessels.Mainly discusses the content of the establishment of the system,which includes the scope of application of the liability limitation system,and the criteria for determining the liability limit.Three parts with the basic principles and the scope of compensation applicable to the limitation of compensation liability for inland ships.The.forth chapter is a proposal to establish a system to limit liability for compensation for pollution damage from inland vessels.This chapter combines the contents of the previous three chapters to make recommendations on the legislative model of system establishment,and puts forward ideas and suggestions on the establishment of liability limits,liability limitation funds and liability limitation procedures in the system.Finally,it puts forward suggestions for improving the related supporting system established by the inland river vessel liability limitation system-the inland river vessel pollution damage compensation fund system and the inland river vessel pollution liability insurance system.