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为探讨船舶油污损害赔偿基金提前参与船舶油污损害责任主体缺席案件的诉讼的可行性,以“山宏12”轮船舶油污损害责任主体缺席案件审理为例,指出责任主体缺席审判的问题所在及可能产生的不利后果。通过分析国际上有关基金参与诉讼的规定及做法,引出船舶油污损害赔偿基金参与到类似案件的可行性,并对基金参与到诉讼中的角色及其发挥的作用进行阐述。通过本文的论述,以期对司法实践有所裨益,也提高基金对类似案件的参与度,进而提高理赔效率,便利油污受害人。
In order to probe into the feasibility of early participation of the Oil Pollution Damage Compensation Fund in the litigation of absent cases of ship oil pollution damage liability subject to the trial of absent cases of the liability subject of oil pollution damage in ship Shan Hong 12 ship, And may have adverse consequences. By analyzing the international regulations and practices concerning the participation of funds in litigation, this paper brings forward the feasibility of participating in similar cases through the participation of the oil pollution damage compensation fund in similar cases and elaborates on the role of the fund in litigation and its role. Through the discussion in this article, it is hoped that it will be helpful to the judicial practice as well as the fund’s participation in similar cases, so as to improve the efficiency of claims and facilitate the victims of oil pollution.