Research On Compulsory Liability Insurance System For Oil Pollution Damage Of Ships In China

Since the beginning of the 20 th century,oil has rapidly replaced coal as the main source of energy.A large amount of oil imports has to rely on oil tankers to transport.VLCCs are shuttled in the world’s major ports,and the probability of ship oil pollution damage increases.Whether we are proceeding from protecting the marine resources environment or considering the public interest,promoting the development of the oil and petroleum industry,it is necessary to establish and improve the ship oil pollution compulsory liability insurance system.First of all,this paper clarifies the subject of this paper from the definition and development process of the ship’s oil pollution damage compulsory liability insurance,fully clarifies the necessity of compulsory liability insurance for ship oil pollution damage,and impose China’s oil pollution damage liability insurance with international conventions.The relevant regulations are compared to clarify the differences in China’s implementation of the implementation of the contract,highlighting the necessity of research on the mandatory liability insurance system for oil pollution damage.The second chapter of this paper analyzes the problems existing in China’s current ship oil pollution damage liability insurance system from four aspects.First,in the existing insurance system,the main body of oil pollution damage compensation and the claimant cannot adapt to the complicated and variable ship operation.Second,the scope of the compensation for the oil pollution damage of the ship is unclear from the perspective of the legal nature of the expenses caused by the compulsory clean-up organized by the maritime administrative department,and the difficulty of claiming pure economic losses.Third,Taking the persistent oil compensation monorail system and fuel pollution insurance insurance threshold as an example,the insurer’s liability limit classification is unreasonable.Fourth,under the current legal system,it is difficult to fully protect the interests of third parties from oil pollution accidents.The third chapter of this paper,in view of the problems raised in the second chapter,proposes the improvement of the legislative level for the mandatory liability insurance system for oil pollution damage in China.First,it is proposed to determine the main body of compensation according to the type of ship and the specific operation ownership.From the perspective of fully protecting the public interest,it is proposed that the people’s government should bear the responsibility for claiming oil pollution damage.Second,through comparative analysis with administrative enforcement behavior,it is proposed that the cost of compulsory cleaning should belong to the category of civil liability,and a variety of reference methods are proposed to compare the pure economic loss assessment.Third,based on the analysis of the tonnage of existing oil tankers in China,it is proposed that the operational capacity and cost of the ship should be fully considered,and the insurance liability limit should be adjusted through the tonnage of the ship.Forth,by perfecting the relevant provisions of the Maritime Law and the Sea Prosecution Law,the third party’s right to direct appeal is fully guaranteed,especially the legal status of the shipowners’ mutual insurance association is clarified,so as to ensure that the third party’s law occurs with the shipowners’ mutual insurance association.When a dispute arises,it is not affected by the defense of the terms such as “member priority”.