In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessar...In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.展开更多
The problem of marine environmental risk is ultimately the result of game theory between the marine en vironmental managers and the enterprise of potential environmental risk.This paper analyzes the internal economic ...The problem of marine environmental risk is ultimately the result of game theory between the marine en vironmental managers and the enterprise of potential environmental risk.This paper analyzes the internal economic relationship that whether the"protection"policy is applied between the protection action of marine environmental managers and the chemical enterprise.The result shows that the key factor whether the enterprise adopt the"protec tion"policy or not is the amount of penalty and the government's cost of execution,and the compulsive ecological compensation is obligatory from the angle of stimulating the enterprise of canonical action and adopting the"protec tion"policy.To build the ecological compensation mechanism based on the environmental risk will effectively improve the level of management in sea area and decrease the probability of chemical spill.展开更多
The eco-environmental damage compensation system is not only an important part of the central government's Overall Plan for the Reform of Ecological Civilization System and special plan,but also a blank point and ...The eco-environmental damage compensation system is not only an important part of the central government's Overall Plan for the Reform of Ecological Civilization System and special plan,but also a blank point and weak link in the construction of eco-environmental protection system.From the construction of ecological civilization system,the fragility of ecological environment and the history of past damage,the comparative analysis of relevant laws and regulations,and the connotation of the concept of ecological environment,this paper expounds the importance,urgency and necessity of the reform of eco-environmental damage compensation system and the technical complexity of damage compensation judgment.In accordance with the local legislation and practical cases in the reform of eco-environmental damage compensation system in Shaanxi Province,this paper puts forward legislative and policy suggestions to accelerate the reform of eco-environmental damage compensation system.展开更多
This paper forecasted and identified the environmental risks and ecological effect caused by chemical spill by simulating the xylene spill in Xiamen waters. The evaluation objects of ecological damage include four par...This paper forecasted and identified the environmental risks and ecological effect caused by chemical spill by simulating the xylene spill in Xiamen waters. The evaluation objects of ecological damage include four parts : marine ecosystem services, sea water quality, marine biological resources (plankton, benthos, nekton, etc. ), and beach habitat. The ecological compensation criterion was confn-med as 1.73 million Yuan per year in the short term and 8.09 million Yuan in the long term. And an ecological compensation mode was suggested to be that if the chemical spill does not occur this year, the compensation will return to the enterprise next year; while if chemical spill occurs, the compensation will not be returned. The encouragement mechanism "returning compensation if no spill" might motivate enterprises to improve the environmental risk management and avoid the risks.展开更多
Oil spill modeling is an important technical measure to evaluate the impact of oil spills scientifically. Because of the great uncertainty in its early development, simulation results have not been used as the basis o...Oil spill modeling is an important technical measure to evaluate the impact of oil spills scientifically. Because of the great uncertainty in its early development, simulation results have not been used as the basis of judgments for environmental compensation cases. Despite this, scientific research institutes in many countries, including China, are still devoted to the research and development of oil spill models and their applications in environmental damage assessment, which makes it possible to apply them in the judicial arbitration of damages claims. The relevant regulations on the Chinese compensation fund for oil pollution damage from ships and the judicial authentication of environmental damage have also accredited such kind of modeling applications. In order to enhance the applicability of oil spill model further, it is necessary to expand its damage assessment function, and to test, calibrate and verify the accuracy of the evaluation. To this end, the author adopts the self-developed 3-dimentionaloil spill model—CWCM to simulate the “Tasman Sea” oil spill accident. By comparing the simulation results of tidal current field, wind field, oil spill trajectory with those observed, the model coding and parameter selection are corrected, and it is realized that the simulation being basically consistent with the measured results. In addition, the results of the scale reduced simulation test of oil spill weathering are applied verifying and perfecting the weathering model of CWCM. The technical requirements and process for operational application of oil spill model in judicial arbitration are also put forward. In view of the rapid simulation function, the operational updating program for oil spill weathering model, coupled current model and dynamic update wind field diagnostic model are put forward in order to further improve the operational evaluation function and evaluation efficiency of oil spill model.展开更多
In the rapid industrialization and urbanization of China,the damage of ecological environment hinders the people's pursuit of good environmental quality.As a technical means of ecological environment protection,th...In the rapid industrialization and urbanization of China,the damage of ecological environment hinders the people's pursuit of good environmental quality.As a technical means of ecological environment protection,the assessment of ecological environment damage has been attached great importance by all walks of life.However,there are still some problems in the current practice of environmental damage assessment.Therefore,based on the understanding of ecological environment damage assessment and related concepts,this study systematically studies the theory of ecological environment damage assessment.Based on the research,it can be seen that the assessment of ecological environment damage is the inevitable product of social and economic development and the promotion of environmental protection awareness,and ecological environment damage belongs to the subordinate concept of"environmental damage".The assessment of ecological environment damage includes the assessment of ecological damage and environmental damage,paying attention to the interests of human society and the unclaimed pure environment and pure ecological damage.The assessment of ecological environmental damage determines the goal and direction for the construction of environmental damage compensation system.This study enriches the theory of environmental damage assessment and provides theoretical reference and method basis for environmental damage assessment.展开更多
Nowadays,facing severe environmental threats and frequent pollution accidents,China is forced to pay more attention to how to relieve the damages caused by environmental infringement in a timely and effective way duri...Nowadays,facing severe environmental threats and frequent pollution accidents,China is forced to pay more attention to how to relieve the damages caused by environmental infringement in a timely and effective way during the subsequent treatment.Since environmental damages nowadays are indirect,latent,and complicated,the traditional civil remedy by individuals is no longer an ideal solution to the problem.Therefore,a new system is required to protect the legal rights and interests of the injured party.Under the title of"Analysis on Diversified Socialized Relief System to Solve Environmental Infringement",this essay adopted several research methods including document research,comparative analysis,specific normative analysis,and combination of theory and practice in order to analyze systems on environmental liability insurance,compensation fund for environmental pollution damages,special deposits in advance(sinking fund),etc..The analysis aims to help build a diversified socialized relief system which is suitable for China to solve environmental infringement.展开更多
基金funded by the "Study of Legal Mechanism of Compensation Demanded by the State and International Practices in Marine Ecological Damages (Grant No.2008GXS5B100) in the Programme of national Soft Sciences Research Projects
文摘In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.
基金supported by Marine Science Fund of SOA for Young Scholars(Grant No.2008121)
文摘The problem of marine environmental risk is ultimately the result of game theory between the marine en vironmental managers and the enterprise of potential environmental risk.This paper analyzes the internal economic relationship that whether the"protection"policy is applied between the protection action of marine environmental managers and the chemical enterprise.The result shows that the key factor whether the enterprise adopt the"protec tion"policy or not is the amount of penalty and the government's cost of execution,and the compulsive ecological compensation is obligatory from the angle of stimulating the enterprise of canonical action and adopting the"protec tion"policy.To build the ecological compensation mechanism based on the environmental risk will effectively improve the level of management in sea area and decrease the probability of chemical spill.
基金Research Project of Network Ideological and Political Work in Shaanxi Universities in 2021Basic Humanities and Social Sciences Project of Northwest A&F University in 2021(2452021182).
文摘The eco-environmental damage compensation system is not only an important part of the central government's Overall Plan for the Reform of Ecological Civilization System and special plan,but also a blank point and weak link in the construction of eco-environmental protection system.From the construction of ecological civilization system,the fragility of ecological environment and the history of past damage,the comparative analysis of relevant laws and regulations,and the connotation of the concept of ecological environment,this paper expounds the importance,urgency and necessity of the reform of eco-environmental damage compensation system and the technical complexity of damage compensation judgment.In accordance with the local legislation and practical cases in the reform of eco-environmental damage compensation system in Shaanxi Province,this paper puts forward legislative and policy suggestions to accelerate the reform of eco-environmental damage compensation system.
基金The Marine Science Fundation of State Oceanic Administration for Young Scholars(No.2008121)
文摘This paper forecasted and identified the environmental risks and ecological effect caused by chemical spill by simulating the xylene spill in Xiamen waters. The evaluation objects of ecological damage include four parts : marine ecosystem services, sea water quality, marine biological resources (plankton, benthos, nekton, etc. ), and beach habitat. The ecological compensation criterion was confn-med as 1.73 million Yuan per year in the short term and 8.09 million Yuan in the long term. And an ecological compensation mode was suggested to be that if the chemical spill does not occur this year, the compensation will return to the enterprise next year; while if chemical spill occurs, the compensation will not be returned. The encouragement mechanism "returning compensation if no spill" might motivate enterprises to improve the environmental risk management and avoid the risks.
文摘Oil spill modeling is an important technical measure to evaluate the impact of oil spills scientifically. Because of the great uncertainty in its early development, simulation results have not been used as the basis of judgments for environmental compensation cases. Despite this, scientific research institutes in many countries, including China, are still devoted to the research and development of oil spill models and their applications in environmental damage assessment, which makes it possible to apply them in the judicial arbitration of damages claims. The relevant regulations on the Chinese compensation fund for oil pollution damage from ships and the judicial authentication of environmental damage have also accredited such kind of modeling applications. In order to enhance the applicability of oil spill model further, it is necessary to expand its damage assessment function, and to test, calibrate and verify the accuracy of the evaluation. To this end, the author adopts the self-developed 3-dimentionaloil spill model—CWCM to simulate the “Tasman Sea” oil spill accident. By comparing the simulation results of tidal current field, wind field, oil spill trajectory with those observed, the model coding and parameter selection are corrected, and it is realized that the simulation being basically consistent with the measured results. In addition, the results of the scale reduced simulation test of oil spill weathering are applied verifying and perfecting the weathering model of CWCM. The technical requirements and process for operational application of oil spill model in judicial arbitration are also put forward. In view of the rapid simulation function, the operational updating program for oil spill weathering model, coupled current model and dynamic update wind field diagnostic model are put forward in order to further improve the operational evaluation function and evaluation efficiency of oil spill model.
基金Supported by Guizhou Science and Technology Planning Project (QKHPTRC[2018]5404)Construction of Environmental Inspection and Testing Service Platform (QKYKZHZ[2017]02)
文摘In the rapid industrialization and urbanization of China,the damage of ecological environment hinders the people's pursuit of good environmental quality.As a technical means of ecological environment protection,the assessment of ecological environment damage has been attached great importance by all walks of life.However,there are still some problems in the current practice of environmental damage assessment.Therefore,based on the understanding of ecological environment damage assessment and related concepts,this study systematically studies the theory of ecological environment damage assessment.Based on the research,it can be seen that the assessment of ecological environment damage is the inevitable product of social and economic development and the promotion of environmental protection awareness,and ecological environment damage belongs to the subordinate concept of"environmental damage".The assessment of ecological environment damage includes the assessment of ecological damage and environmental damage,paying attention to the interests of human society and the unclaimed pure environment and pure ecological damage.The assessment of ecological environmental damage determines the goal and direction for the construction of environmental damage compensation system.This study enriches the theory of environmental damage assessment and provides theoretical reference and method basis for environmental damage assessment.
文摘Nowadays,facing severe environmental threats and frequent pollution accidents,China is forced to pay more attention to how to relieve the damages caused by environmental infringement in a timely and effective way during the subsequent treatment.Since environmental damages nowadays are indirect,latent,and complicated,the traditional civil remedy by individuals is no longer an ideal solution to the problem.Therefore,a new system is required to protect the legal rights and interests of the injured party.Under the title of"Analysis on Diversified Socialized Relief System to Solve Environmental Infringement",this essay adopted several research methods including document research,comparative analysis,specific normative analysis,and combination of theory and practice in order to analyze systems on environmental liability insurance,compensation fund for environmental pollution damages,special deposits in advance(sinking fund),etc..The analysis aims to help build a diversified socialized relief system which is suitable for China to solve environmental infringement.