A Study On The Issue Of Compensation For The Pollution Damage Caused By Non-Persistent Oil Carried On Shipboard As Cargo

With the rapid development of the natural gas and oil industries,the transportation of non-persistent oil cargoes has gradually occupied significant part in the shipping industry.In 2018,the ship "Sanchi" collided with the "Changfeng Crystal",which caused a leakage of condensate and marine fuel it carried,into the East China Sea,with serious damage to property and marine ecology.The issue of compensation for damages has been brought into people’s field of vision.However,as there is no direct law regulating non-persistent oil in China and no reference to similar cases,the assessment of pollution,limitation of liability,proof of loss and compensation for damages in respect of non-persistent oil spills will be a test of the existing legal regime.This paper takes the "Sanchi" case as the starting point and aims to analyse and discuss the issue of damages for non-persistent ship-borne oil cargo,with a view to providing relevant reference for China’s ship pollution damage compensation.This article is divided into four parts.The first chapter analyzes the legal application of non-persistent oil pollution accidents.Since there is no law directly regulating non-persistent oil in my country,this chapter adopts the international conventions including "CLC","Bunker Oil Convention" and "HNS Convention",as well as "Civil Code","Maritime Law",The domestic laws including the Marine Environmental Protection Law and the judicial interpretation of the Supreme Court have been sorted out one by one to find a way out of the predicament.The second chapter analyzes the subject of rights and the subject of responsibility of non-persistent oil cargo pollution damage compensation.This chapter firstly sorts out the compensation claims rights of civil rights subjects and state organs.Secondly,this chapter analyzes the direct and indirect responsible persons of the non-persistent oil pollution damage by combining the Civil Code and comparing the related systems,so as to determine the boundary of responsibility.The third chapter differentiates and analyzes the nature of emergency measures taken to prevent and control pollution accidents,and characterizes the legal nature of emergency measures by analyzing the purpose of the actor and the definitions of preventive measures,rescue and salvage at sea.And delineate the right to claim fees for different measures.Chapter 4 defines the scope of damages for pollution by non-persistent oil cargoes.In this chapter,combined with the content of the above-mentioned main body and emergency measures,the damage compensation is divided into the cost of preventive measures,economic loss and environmental damage,and combined with the characteristics of non-persistent oils,which are highly volatile and harmful,put forward relevant suggestions.