Research On The Compensation Fund Of Oil Pollution Damage

With the increasing of energy consumption,the risk of oil spill from ships increases year by year with the increase of the total amount of oil and ocean transportation.In order to deal with this kind of situation effectively,various countries in the world have established different compensation fund systems for ship oil pollution damage according to their different situations.Some leading countries have also established and put into use,but in China,the oil pollution fund system under the current legal system has not reached the perfect point,and has not joined the global convention system,resulting in the current emergency is difficult to timely and efficient handling.The author will analyze the development status of oil pollution damage fund in China and refer to the international research experience.Based on the newly issued Draft of The Maritime Law of the People’s Republic of China(Amendment for Comments)(hereinafter referred to as the Draft of the Maritime Law),this thesis discusses and studies how to adjust the international oil pollution compensation fund system and the increasing number of domestic oil spill incidents.This thesis is divided into four parts.First of all,the thesis introduces the system of compensation fund for ship oil pollution damage,briefly describes the continuous adjustment and change of this system with the development of history and the formation of the present complete system,and expounds the necessity of setting up the fund for ship oil pollution damage.After that,the model of foreign oil pollution funds and the operation status of typical national oil pollution funds are introduced by comparative method.This part also introduces the current situation and actual operation of the fund management methods in China.Next,according to China’s current laws and policies,the difficulties and causes of the current oil pollution damage fund system are deeply analyzed and discussed in combination with the Maritime Law(Revised).The problems encountered in the development of domestic oil pollution damage fund are listed,such as the scope of compensation,geographical scope of application,compensation efficiency,compensation amount and so on.Finally,the author puts forward corresponding suggestions for the improvement of the above problems,and puts forward suggestions for the continuous improvement of the "Maritime Law(Revised Draft)" based on the contents discussed in this thesis...