“闽燃供2”轮与“东海209”轮油污损害责任限制案研究
发布时间：2018-11-25 16:35
【摘要】： 石油资源是现代社会不可缺少的重要能源。石油运输量的增加带来漏油事故的增多,其中油轮碰撞导致燃料油或货油泄漏,极具破坏性。不但会造成海面污染,生态环境、渔业资源等自然资源不可恢复性的毁坏,而且油轮的所有人、经营人和油料的所有人等关系人在经济上的损失巨大。为了防止和控制船舶污染造成的巨额损失,国际社会及各个国家无不制定或实施相应的法律法规,以期将损失降到最低、补偿达到最合理。 海事赔偿责任限制制度,是指船舶无论在航行中或停泊时发生重大海损事故时,对事故负有责任的船舶所有人、救助人或其他人,依据法律的规定,对某些受害人提出的损害赔偿请求,将自己的赔偿责任限制在一定范围内的法律制度。本文采取案例分析方法及比较法进行论证研究,提出了在对于我国沿海内船碰撞油污损害责任限制的法律适用问题应适用我国加入的国际条约以促进海运业发展与国际接轨。在责任限制额上也应适用我国加入的国际条约的规定。 本文分为五部分,第一部分为案例介绍分析及法律焦点,针对由于碰撞引起的油轮事故,对其损害赔偿责任限制的实践经验做了介绍;第二部分为海事赔偿责任限制的适格主体,结合国际公约和部分欧美发达国家的国内立法,对该制度的相关理论和立法进行了论述,以期对我国现阶段油污损害赔偿体系的建立并完善提供一些有价值的参考意见;第三部分为我国有关油污损害赔偿责任限制的法律适用,运用比较法,规范分析法对船舶油污损害赔偿的法律适用和责任限制制度进行了论述。笔者认为在我国国内海域发生的不涉外因素的海事损害赔偿案件应尽量适用国际条约,促进我国海事审判与国际接轨,符合时代发展。第四部分为责任限制额,阐述了在法律适用问题上责任限制额应作为重要因素予以考虑。第五部分为我国海事责任限制立法完善。阐述了我国立法方面的不足并提出了需要完善的几个方面,不管基于任何法律适用问题都要以最大限度地保护我国利益为根本目的。
[Abstract]:Petroleum resource is an indispensable and important energy source in modern society. The increase of oil transportation leads to an increase in oil spills, in which the collision of oil tankers leads to the leakage of fuel oil or cargo oil, which is extremely destructive. Not only will the sea pollution, ecological environment, fishery resources and other natural resources can not be restored to the destruction, but also the owner of oil tankers, operators and oil all related people in the economic losses. In order to prevent and control the huge losses caused by ship pollution, the international community and various countries have formulated or implemented the corresponding laws and regulations, in order to reduce the loss to the minimum and compensate for the most reasonable. The system of limitation of liability for maritime claims refers to the owner of the ship, the salvor or other person who is responsible for the accident, whether in the course of navigation or in the course of berthing, in accordance with the provisions of the law, A legal system that limits the liability of certain victims to their claims for damages. In this paper, the case analysis method and comparative method are adopted to demonstrate and study, and it is proposed that the application of the law to the limitation of liability for oil pollution damage caused by collision of ships along the coast of China should be applied to the international treaties to which China is a party in order to promote the development of the maritime industry in line with the international standards. The provisions of the international treaties to which China is a party should also be applied to the limitation of liability. This paper is divided into five parts. The first part is the case analysis and legal focus. The practical experience of limitation of liability for damage caused by collision is introduced. The second part is the suitably subject of limitation of liability for maritime claims, combined with international conventions and the domestic legislation of some developed countries in Europe and the United States, the relevant theories and legislation of this system are discussed. In order to provide some valuable suggestions for the establishment and perfection of the compensation system for oil pollution damage in our country at present; The third part is the legal application of liability limitation for oil pollution damage in China. The application of law and liability limitation system of compensation for oil pollution damage of ships are discussed by means of comparative method and normative analysis method. The author thinks that the maritime damage compensation cases with non-foreign factors occurring in the domestic sea area of our country should be applied to international treaties as far as possible, and promote the maritime trial in our country to be in line with the international standards, which is in line with the development of the times. The fourth part is the limitation of liability, which should be considered as an important factor in the application of law. The fifth part is the perfection of our maritime liability limitation legislation. This paper expounds the shortcomings of our country's legislation and puts forward several aspects that need to be perfected. No matter based on any legal application problems, the fundamental purpose is to protect the interests of our country as far as possible.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
本文编号：2356764
[Abstract]:Petroleum resource is an indispensable and important energy source in modern society. The increase of oil transportation leads to an increase in oil spills, in which the collision of oil tankers leads to the leakage of fuel oil or cargo oil, which is extremely destructive. Not only will the sea pollution, ecological environment, fishery resources and other natural resources can not be restored to the destruction, but also the owner of oil tankers, operators and oil all related people in the economic losses. In order to prevent and control the huge losses caused by ship pollution, the international community and various countries have formulated or implemented the corresponding laws and regulations, in order to reduce the loss to the minimum and compensate for the most reasonable. The system of limitation of liability for maritime claims refers to the owner of the ship, the salvor or other person who is responsible for the accident, whether in the course of navigation or in the course of berthing, in accordance with the provisions of the law, A legal system that limits the liability of certain victims to their claims for damages. In this paper, the case analysis method and comparative method are adopted to demonstrate and study, and it is proposed that the application of the law to the limitation of liability for oil pollution damage caused by collision of ships along the coast of China should be applied to the international treaties to which China is a party in order to promote the development of the maritime industry in line with the international standards. The provisions of the international treaties to which China is a party should also be applied to the limitation of liability. This paper is divided into five parts. The first part is the case analysis and legal focus. The practical experience of limitation of liability for damage caused by collision is introduced. The second part is the suitably subject of limitation of liability for maritime claims, combined with international conventions and the domestic legislation of some developed countries in Europe and the United States, the relevant theories and legislation of this system are discussed. In order to provide some valuable suggestions for the establishment and perfection of the compensation system for oil pollution damage in our country at present; The third part is the legal application of liability limitation for oil pollution damage in China. The application of law and liability limitation system of compensation for oil pollution damage of ships are discussed by means of comparative method and normative analysis method. The author thinks that the maritime damage compensation cases with non-foreign factors occurring in the domestic sea area of our country should be applied to international treaties as far as possible, and promote the maritime trial in our country to be in line with the international standards, which is in line with the development of the times. The fourth part is the limitation of liability, which should be considered as an important factor in the application of law. The fifth part is the perfection of our maritime liability limitation legislation. This paper expounds the shortcomings of our country's legislation and puts forward several aspects that need to be perfected. No matter based on any legal application problems, the fundamental purpose is to protect the interests of our country as far as possible.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
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