油污损害赔偿中非漏油方的责任主体地位探析

应用侵权法中的归责原则和连带责任理论,对两船碰撞一船漏油时非漏油方是否承担赔偿责任存在的三种不同观点及案例进行了分析;基于民法中的补充责任原则和实证的方法,提出不论非漏油方对船舶碰撞的发生是否有过错,应当由漏油方首先对油污受害人承担责任,只有在漏油方不能承担全部赔偿责任时,非漏油方才承担补充责任,以此保障油污受害人得到充分赔偿。对完善我国船舶污染损害赔偿立法及海事司法实践有参考、借鉴作用。

Study on the Legal Status of the Party without Leaking Oil in Case of Pollution Damages

Using the theory of joint and several liability and imputation principle in tort law,three different opinions and cases on whether the party without spilling oil into the sea in two ships collision and only one ship leaked oil should be liable for pollution damage were analyzed.On the basis of supplementary liability principle in civil law and the positive method,a suggestion is put forward that whether the party whose ship doesn't spill oil has fault or not in ships collision,the party whose ship leaks oil be firstly the responsible one for victims of pollution,the party without spilling oil just bears supplementary liability when the leaking oil party couldn't pay full compensation for victims.It can be used for reference in respect of perfecting Chinese legislation of compensation for ships pollution damage and maritime judicial practice.