船舶油污染纯粹经济损失赔偿研究

发布时间：2018-06-11 12:41

本文选题：船舶油污染 + 纯粹经济损失　；参考：《大连海事大学》2015年博士论文

【摘要】：20世纪以来,人类对油类的需求量日益增加,这促进了海洋油类开采与船舶油类运输等相关行业的勃兴。然而,在船舶油类运输过程中,溢油事故不时发生,导致了一系列的损失,这些损失包括直接财产损失、寄生性损失、关联性经济损失以及海洋环境经济损失,其中关联性经济损失与海洋环境经济损失就是本文所要探讨的船舶油污染纯粹经济损失。是否应该对船舶油污染纯粹经济损失给予赔偿以及赔偿的范围和标准一直是相关国际公约及各国国内立法争议的焦点,对船舶油污染纯粹经济损失赔偿进行研究,具有重要的理论和现实意义。本文主要运用比较、实证分析和法经济学等研究方法,对国际公约、民间协定、典型代表国家与我国关于船舶油污染纯粹经济损失赔偿的相关立法与实践进行比较分析,对船舶油污染纯粹经济损失赔偿的基本理论、责任关系主体、责任认定、赔偿范围予以阐述,从理论和实证两个方面对船舶油污染纯粹经济损失赔偿问题进行研究,在此基础上,针对我国立法及司法实践的不足,提出完善我国船舶油污染纯粹经济损失赔偿的建议。本文除前言和结论部分外,共分五章。第一章主要通过分析船舶、船舶油污染、船舶油污染纯粹经济损失的概念、特征及其赔偿立法的发展历史、政策考量因素、基本原则来阐述船舶油污染纯粹经济损失赔偿的基本理论。第二章从索赔主体与赔偿主体两方面对船舶油污染纯粹经济损失赔偿关系主体予以阐述。第三章在分析侵权法对于环境侵权责任的构成要件、归责原则、因果关系以及举证责任规定的基础上,阐述了认定船舶油污染纯粹经济损失赔偿责任应该适用的归责原则及举证责任,论证了判定因果关系的规则。第四章通过比较国际公约与各国国内法对赔偿范围和赔偿标准的不同规定,运用法经济学的研究方法,对船舶油污染纯粹经济损失的赔偿范围和赔偿标准进行了阐述。第五章针对我国立法与司法实践存在的诸多不足,借鉴国际公约、国外典型国家的立法及司法实践,从赔偿关系主体制度、赔偿责任的认定、赔偿范围的确定及赔偿标准的适用等方面提出了完善我国船舶油污染纯粹经济损失赔偿的建议。
[Abstract]:Since the 20th century, the demand for oil has been increasing day by day, which promotes the development of marine oil production and shipping oil transportation and other related industries. However, oil spills occur from time to time in the course of shipping oil transportation, resulting in a series of losses, including direct property losses, parasitic losses, associated economic losses and economic losses of the marine environment. The related economic loss and the economic loss of marine environment are the pure economic losses of marine oil pollution discussed in this paper. The scope and standard of compensation for pure economic losses caused by oil pollution from ships has always been the focus of controversy in relevant international conventions and domestic legislation. The compensation for pure economic losses caused by oil pollution from ships has been studied. It has important theoretical and practical significance. This article mainly uses the comparison, the demonstration analysis and the law economics and so on research method, carries on the comparative analysis to the international convention, the folk agreement, the typical representative country and our country regarding the ship oil pollution pure economic loss compensation related legislation and the practice carries on the comparative analysis. The basic theory of compensation for pure economic losses caused by oil pollution from ships, the main body of liability, the determination of liability and the scope of compensation are expounded, and the problem of compensation for pure economic losses caused by oil pollution of ships is studied theoretically and empirically. On this basis, in view of the insufficiency of legislation and judicial practice in our country, some suggestions are put forward to perfect the compensation for pure economic loss caused by oil pollution of ships in our country. In addition to the preface and conclusion, this paper is divided into five chapters. The first chapter mainly analyzes the concept of pure economic loss of ship and ship oil pollution, its characteristics and the development history of compensation legislation, policy considerations. The basic principle is to expound the basic theory of compensation for pure economic loss caused by ship oil pollution. The second chapter expounds the main body of compensation for pure economic loss of ship oil pollution from two aspects: the main body of claim and the main body of compensation. The third chapter is based on the analysis of the constitution of tort law for environmental tort liability, the principle of imputation, the causality and the provision of burden of proof. This paper expounds the principle of imputation and the burden of proof which should be applied in determining the liability for compensation for pure economic losses caused by ship oil pollution, and proves the rules of determining causality. In the fourth chapter, by comparing the different provisions of international conventions and national laws on the scope and standard of compensation, the scope and standard of compensation for pure economic losses caused by oil pollution from ships are expounded by means of the research methods of law and economics. The fifth chapter aims at the deficiency of our country's legislation and judicial practice, draws lessons from the international convention, the legislation and judicial practice of the typical foreign country, from the compensation relation subject system, the cognizance of the compensation liability. Some suggestions are put forward to perfect the compensation for pure economic loss caused by oil pollution of ships in China from the aspects of the determination of compensation scope and the application of compensation standard.
【学位授予单位】：大连海事大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D996.19

【引证文献】