海洋石油开发污染损害赔偿基金制度探索

On the Establishment of the System of Compensation Fund for Pollution Damage Caused by Offshore Oil Development in China

近些年来,国内外海洋石油开发污染事故频发,传统的矫正正义价值观和侵权责任法难以实现充分合理赔偿,有必要基于分配正义和生态正义法治观,对海洋石油开发污染损害赔偿基金制度进行立法证成,明确其符合分配正义和生态正义要求,体现效率价值。实践中可通过修改《海洋环境保护法》,成立专门的基金管理委员会运作基金,并规定基金性质、资金来源、赔偿范围、赔偿限额及免责事项等主要制度。

With the frequent occurrence of pollution accidents in offshore oil development both at home and abroad,the traditional tort law based on the concept of corrective justice is hard to achieve the full and reasonable compensation for the injured party.It’s necessary to change the use of legal concept of distributive justice and ecological justice,on compensation fund system of offshore oil pollution damage legislation into,this system has clear distributive justice value,ecological justice value and efficiency value,in accordance with the legal requirements.Meanwhile,in the construction of the specific system,by modifying the marine environmental protection law,provides that the funds belonging to the government funds,can be established by the participation of the relevant administrative departments of the fund management committee,the committee is also responsible for the operation,and define the source of funds,the scope of compensation,limit of recovery and major exceptions.