海洋环境民事公益诉讼特殊性研究——以船舶溢油致海洋资源与生态污染损害赔偿案件为视角

Studies on the characteristics of civil public interest litigation regarding ocean environmental pollution caused by oil spill:In the perspective of compensation disputes arising out of or in connection with losses of ocean resources and/or damages to ecol

与一般环境公益诉讼案件对污染者课以重责不同,为了更好地平衡维护国家海洋环境公共利益与促进航运贸易健康之间的关系,我国吸收了'责任限制'这一国际通行规则,基本建成了'船货共担风险'原则下中国特色的船舶油污损害赔偿体系。海洋环境民事公益诉讼需与私益诉讼合并审理,并在同一个责任限制基金内受偿,故在法律适用、司法管辖、索赔主体、赔偿机制等方面,均与一般环境民事公益诉讼存在显著差异,研究海洋环境民事公益诉讼的特殊性问题具有十分重要的现实意义。

By contrast to the customary practice of ordinary environmental civil public interest litigation,where generally there is no cap for compensation amount,and therefore the claims of civil public interest may be handled in separate trials other than the claims of individual personal interest nature.In an aim to safeguard the public interest of national ocean environmental safety,and in the mean time to maintain the dynamic growth of the shipping and foreign trade business,China abides by the international adopted rules to'limit the liabilities',and thus has adopted a wellestablished compensation system for oil pollution.The system carries the principle of'risks shared between the ship-owners and the cargo interests'.Under such system,the civil public interest litigation regarding ocean environmental pollution,i.e.specifically the compensation disputes arising out of or in connection with losses of ocean resources and/or damages to ecological environment caused by oil spilled in the collision by vessels,shall be jointly handled in the same legal proceedings together with the personal interest litigation,and therefore each and every claims of the aforesaid two litigations of distinctive nature shall be compensated and thus distributed in the same limitation fund.Hence,it is of vital importance to study the characteristics of civil public interest litigation regarding ocean environmental pollution caused by oil spill,and clarifies how its outstanding characters stand in the application of law,jurisdiction,claimant as well as compensation rules etc.