论船舶油污民事责任主体的扩张性

On the expandability of the responsible for civil liability for vessel-source oil pollution

一直以来,中国学界和司法实践中普遍接受和遵循《1992年国际油污损害民事责任公约》船舶所有人责任专属制度,将船舶油污民事责任主体限定为船舶所有人。然而,船舶油污民事责任主体是否具有扩张性,即是否可以及于船舶所有人以外的当事方却鲜有讨论。针对船舶油污民事责任主体的扩张性,通过对国外立法、司法实践中相关案例及理论基础进行详细分析,并结合中国目前船舶油污事故发生的实际情况及相关法律规定,可以认为扩张船舶油污民事责任主体在中国具有必要性和可行性。

It is widely accepted and abided by in the academic circle and judicial practice of China that the responsible for civil liability for vessel-source oil pollution is restricted to the shipowner, which is the shipowners＇ channeling liability in In- ternational Convention on Civil Liability for Oil Pollution Damage of 1992. However, it is rarely discussed whether the re- sponsible for civil liability for vessel-source oil pollution is expandable and imputed to other parties than the shipowners. In respect of the expandability of the responsible for civil liability in vessel-source oil pollution, we may assume that, by way of detailed analysis on the case law and theoretic basis in the foreign practice of legislation and judicature and in consideration of the actual situation of the ship-source oil pollution incidents occurred in China and relevant provisions of Chinese law, the ex- pansion of the responsible for civil liability in vessel-source oil pollution is necessary and feasible.