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Tuesday, November 1, 2011
China of Kang Fei of oily accident of spill of Bohai Sea bay becomes only defendant
Be aimed at oily accident of spill of project of 19-3 of a fabled abode of immortals of Bohai Sea bay (the following abbreviation " spill oily accident " ) , many personage that comes from group of lawyer of government of national ocean bureau to " economic reference signs up for " the reporter discloses solely, qualification of this proposal principal part is confined to health humble company to be in Kang Fei China of Hua Zi company, the relevant insurance company that its rights and interests shares compensate of Fang Zhonghai oil, responsible manage is absent the accused cavalcade. Afore-mentioned personage explanations say, show some legal frame according to China, accident responsibility just can limit the person that it is exercise only namely Kang Fei China, also have not establish the litigant mechanism that is aimed at insurance company; In addition, this proposal is current the evidence that oil of the sea in mastering knows perfectly well Kang Fei to China violates compasses operation and be not prevented. "Once future discovers new evidence, the accused is increased again in litigant process not late also. " one of afore-mentioned personages express. Respect of claim for compensation is damaged in zoology, personages of afore-mentioned division of official keep under control confirm, what the amount of zoology claim for compensation that national ocean bureau starts envisages impossibly like the outside is " astronomical " . Because be aimed at,this is " whether does the loss such as function of marine zoology service have basis of enough legal principle to bring into limits of claim for compensation " wait for a problem, the related side is put in controversy for a time, and the big head that the anticipation of afore-mentioned respects compensates for the forehead to occupy whole to compensate for the forehead. And national ocean bureau announces even if this month forehead of claim for compensation, final whether if lawsuit requests what to wish to obtain compensate, after still remaining at least one year the final court decision of the judiciary, this will be a tough seesaw battle. Many marine jurisconsult emphasizes with the expert that monitor, spill oily accident erupts to already had 4 many months up to now, clear corrupt, job of shot-off of loss had be notted finish entirely, the work of marine zoology repair that highlights China is extremely heavy, but the fund that is used at zoology rehabilitate is short of blood badly however. A personage that understands clauses of health humble China to " economic reference signs up for " point out, when foreign ocean pollutes responsibility danger to be able to compensate for temporary default in zoology with equipment urgent need, use at fill Qing Dynasty corrupt, charge of shot-off of loss, system of compulsory insurance of exploration of domestic maritime oil gas is casting blank of the existence on the regulation that keeps the specified number, and health humble China is stemmed from " do not have an accident basically, have an accident can square " fluky psychology, in China cast protect the forehead to spend far under overseas business, so that be in China the manage compensate forehead of business only " come in 100 million RMB between 100 million dollar " , cannot enclothe all Qing Dynasty far corrupt, shot-off of loss is devoted. Carry on of Xu of ministry of land natural resources history point out 10 days, "915 " during, exploration of countrywide marine oil develops excessive oil contamination accident in all 41, among them the Bohai Sea 19, nanhai 22. Xu Shao history says, what although marine oil exploration develops excessive oil,pollution holds proportion and not quite, but because maritime case is complex, once produce excessive oil to pollute, the cost that removes its harm and effect is huge, the risk is extremely high. Below the circumstance that is short of blood in capital, environment of the North sea of national ocean bureau monitors central original owner to hold the post of Gao Zhenhui citing to say, because of maritime excessive oil the accident happens again and again, the basic unit that responsible lash-up deals with is annual the many lash-up surveillance of pay for sb and expect to be repaid later is monitored, clear corrupt charge, so that " who is clear corrupt who is in an unfavorable situation " ; Difficulty of capital have enough to meet need also makes lash-up job is immersed in passivity, bring about excessive oil pollution to expand thereby. Expert of many national ocean bureau expresses, the system of maritime excessive oily lash-up that should build home is special fund (the following abbreviation " excessive oily fund " ) . Gao Zhenhui calm bear, this job " progress is slow " . Investigate its reason, "The profit impact need of characteristic of existence national condition, each respect is harmonious wait for numerous problem. " a maritime and maritime lawyer criterion speak bluntly: "" ocean environment protects a law " apply more than 10 years, the establishs smeary damages fund provision that states among them, start repeatedly up to now do not have! " this personage says, this resulted from concerned respect to underestimate accident of excessive oil, leakage oil to pollute deep-sea serious degree, result from the consignor such as look forward to of many state-owned and large oil to be opposite even the go canvassing of concerned respect, because fund once establish, oily look forward to will be faced with a large number of sharing the payment. On September 26, brew through nearly 10 years, morning dawn light discloses deputy director general of Shanghai maritime bureau, shanghai maritime bureau is taking the lead at present build Chinese shipping oily blemish to kill compensatory fund. But reporter discovery, this fund covers shipping leakage oily accident only. Have an expert to " economic reference signs up for " the reporter points out, below the situation that creates new excessive oily fund hard, also can cover this fund item of 19-3 of a fabled abode of immortals of Bohai Sea bay oily accident of a kind spill of artesian well platform. The personage plaints related national ocean bureau: "No matter be marine system, still be bureau of fishery of Ministry of Agriculture and the Ministry of Communication maritime bureau, in every case gets technology and the pal that get environmental protection, support China to establish his excessive oily fund. This often basically is because of these branches in spill oily accident delegate fall victim square. And liability is represented in spill oily accident square property sectional criterion attitude is relatively negative. " (reporter Liang Jialin / Beijing report)
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