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全球海上石油运输的日益频繁导致船舶溢油风险增大,对海洋环境安全造成了严重威胁。但责任主体的损害赔偿标准较为单一,加之船舶溢油导致的环境损害有长期性、不确定性及难量化的特点,使得船舶油污损害环境的评估及赔偿范围的确定具有相应难度。立足现存国际条约、国内立法的规定,以及司法实践,我国应在保证受害人利益恢复最大化的基础上,确定因船舶油污造成的环境损害赔偿范围。
The increasing frequency of global oil spill in ships has led to an increased risk of oil spills on ships, posing a serious threat to the safety of the marine environment. However, the subject of liability for damages is relatively simple. In addition, due to the long-term, uncertain and difficult-to-quantify environmental damage caused by oil spills from shipping vessels, it is more difficult to assess the environmental damage caused by oil pollution and to determine the scope of compensation. Based on the existing international treaties, the provisions of domestic legislation and judicial practice, China should determine the scope of compensation for environmental damage caused by the oil pollution of ships on the basis of ensuring the restoration of the interests of victims.