海洋环境救助报酬多层支付主体解构

The Analysis of Multi-layer Subjects Liable for Payment of Environmental Salvage Reward

"污染者付费,受益者补偿"是生态法的基本原则,可据此解构环境救助报酬的多层支付主体。在船舶污染损害立法中,船舶所有人是承担环境损害严格责任的法定污染者,其应成为环境救助报酬的当然主支付主体。环境责任保险人依据保险合同约定承担船舶所有人的环境损害责任,因此和船舶所有人一样属于第一层的主支付主体。但是,有时第一层的环境救助报酬支付主体的可赔偿额与支付需求之间留有一块空白,为此需要货主缴纳的船舶污染基金或适当的环境救助基金作为环境救助报酬的补充支付主体。

Multi-layer subjects liable for payment of environmental salvage reward related to vessel pollution should be analyzed on the basis of the ecology law principle that the polluter pays and beneficiary compensates. According to law regulating vessel pollution, the owner of ship is the legal polluter who is li-able for strict liability for environmental damage. Hereby, the owner of ship should be the main subject li-able for payment of environmental salvage reward. In the same way, the insurer who takes responsibility for liability for environmental damage causing vessel pollution is also the first layer subject liable for pay-ment of environmental salvage reward like the ship owner. However, the first layer subject liable for pay-ment of environmental salvage reward cannot afford the compensation for environmental damage in some cases,the fund shared by cargo owners for vessel pollution or some proper fund for environmental salvage can be supplementary subject liable for payment of environmental salvage reward.