船舶碰撞造成的非CLC油船油污损害赔偿责任主体的研究

A study on the liable party for oil pollution damage caused by non-CLC oil tanker following a collision

利用法律经济分析方法、利益平衡分析方法 ,并结合国际油污损害赔偿的立法趋势 ,对船舶碰撞导致的非CLC油船的责任主体进行了探讨 ,认为碰撞造成的非CLC油船导致的油污损害赔偿的直接责任主体应当是漏油船。同时认为 ,我国应尽快建立起相应的船舶油污损害赔偿保险制度和油污损害赔偿基金制度。

In this paper, the direct liable party for oil pollution damage caused by non-CLC oil tanker following a collision has been discussed by the methods of law economic analysis, benefit balance analysis together with the trend of the international legislation on oil pollution damage compensation. The detailed opinions are given that the direct liable party for oil pollution damage caused by non-CLC oil tanker should only be the vessel of leakage. Meantime, the opinions are also given that the insurance system and fund system for the oil pollution damage compensation should be established as soon as possible in China.