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建立我国船舶油污损害民事责任主体制度,将奠定充分弥补油污损害的基础。与国际公约和美国立法比较,我国现有立法将船舶所有人设定为船舶油污损害民事责任主体存在着不足。为此建议我国船舶油污损害赔偿专门立法借鉴国际公约和美国立法的规定,将民事责任主体设定为:船舶所有人、船舶经营人、光船承租人和船舶管理人。
The establishment of the system of civil liability for marine oil pollution damage in our country will lay the foundation for fully offsetting the damage caused by oil pollution. Compared with international conventions and U.S. legislation, the existing legislation in our country lays the shortcomings of setting the owner of the ship as the main body of civil liability for oil pollution damage to ships. Therefore, it is suggested that China’s special legislation on compensation for oil pollution damage should draw lessons from international conventions and the legislation of the United States. The main body of civil liability should be set as the owner of the ship, the operator of the ship, the bareboat charterer and the ship manager.