船舶油污损害赔偿中的诉讼主体问题

重点讨论我国船舶油污损害赔偿中经常遇到的两个关键性问题,即谁有权利代表国家提出请求?谁有责任对污染损害进行赔偿?认为在通常情况下只有海洋主管部门有权代表国家提出污染损害赔偿请求,而赔偿主体则通常不仅包括实际漏油船,还应包括货主。

Parties to sue in ship pollution cases under Chinese law

This paper emphasizes two critical issues in many court litigations on damages of oil pollution from ships currently in China, i.e. : which government body is entitled to sue on behalf of the State and who are liable to the oil pollution damages? The conclusions to these questions of this paper are: normally it is the administrative department of marine affairs owns the title to sue on behalf of the State and the owners of the oil caused the pollution as well as the owners of the ship spilling the oil are both liable to the damages.