'is also depends on whether the conditions are more stringent, and therefore whether the filing. In addition, the State Oceanic Administration commissioned by the North Sea Branch has completed the recruitment of lawyers,oakley, lawyers are doing the most important part of the evidence collection work and marine pollution, ecological damage litigation, that is, damage identification. Overall, the current litigation should still be intense preparation phase. Reporter: If you enter a stage of the proceedings, the primary solution is, who is eligible defendant. CNOOC responsibility confirmation has been controversial since the incident. The idea that ConocoPhillips is an independent civil body should be independent responsibility; view, CNOOC have jointly and severally liable. CNOOC whether as a defendant Serbian troops: analysis of the responsibility we must first clear the status and role of CNOOC Bohai Bay oil development. According to the State Council, "the cooperative exploitation of offshore petroleum resources Ordinance, the business of China's foreign cooperation in the development of offshore petroleum resources by CNOOC, has overall responsibility for CNOOC legally acquired the franchise cooperation in sea areas the production and sale of petroleum exploration and development. Entered into between ConocoPhillips and CNOOC oil exploration contract is responsible for the exploitation of oil. ConocoPhillips China as a separate legal entity, in the exploitation of oil should comply with the protection of the marine ecology of the Marine Environmental Protection Law ", to prevent the oil spill pollution of the marine mining process, now there is a problem and should have sole responsibility. ConocoPhillips mining rights established by the contract and CNOOC, If you can not be responsible for ConocoPhillips, CNOOC as the rights of beneficiaries, while enjoying the franchise also bears the obligation to protect this marine accident CNOOC certain supervision of dereliction of duty. From this perspective, CNOOC to jointly and severally liable, is eligible defendant. Fishermen claims of proof rating loss difficult compensation and not sewage exceeded the premise reporters: What is the environmental pollution litigation Liability Principle How to share the burden of proof and general litigation What is the difference Serbian troops: environmental pollution cases to take the principle of liability without fault, as long as pollution behavior, resulting in the pollution consequences must bear responsibility, regardless of the subjective intent or not. This is an international practice, China is. General civil litigation who advocate who is the burden of proof, environmental pollution case upside down to take the burden of proof, the burden of proof by the harm side, adverse proof will have to bear the consequences of losing; aggravated harm the responsibility of the apportionment of the burden of proof, but the plaintiff has the burden of proof. Reporter: The fishermen of this group relative to the powerful multinationals ConocoPhillips is a vulnerable group, there are some difficulties in forensics rights. Specifically, the fishermen to bear the burden of proof Weeks Serbian troops: fishermen to produce evidence to prove the fact contaminated, the fact that the death of a large number of aquatic damage, as well as by the number of losses; addition,toms shoes, it is pointed out that they suspect or specified polluters to prove that the loss of Damages Caused human-induced damage and oil spill pollution. Despite the burden of proof upside down,louboutin, fishermen sue only need surface evidence and the surface of the causal relationship, but in fact they prove more difficult still relatively large. Environmental pollution because of the highly technical, such as the need for technical appraisal, damage assessment is required, and the relative lack of fishermen as vulnerable groups, science and technology, and legal knowledge in forensics and identification of damage assessment will be a lot of difficulties, which requires lawyers and support of social organizations. Reporter: ConocoPhillips and CNOOC,mulberry outlet, as a party of harm to bear the burden of proof Sewage whether excessive harm the party liable for damages to consider factors Weeks Serbian troops: the harm is necessary to prove that he did not harm, that turns out not to 19-3 pollution led to the death of seafood and the fishermen loss. Harm party compensation is not pollutant emissions exceeding the premise, because the no-fault liability principle in the implementation of the civil liability for environmental pollution, does not there is no fault, that is to say not at fault even if Virulence of sewage in range, as long as the cause of the damage should be liable for damages. Moreover, this incident is a spill cause pollution, rather than the normal sewage. Shortly before the accident findings have also been identified ConocoPhillips accidents caused by operator error, ConocoPhillips is there fault. The amount of marine pollution damage to the marine ecosystem damages Fund compulsory insurance system loopholes exist mandatory establishment of a reporter: there have been reports of the State Oceanic Administration will initiate ecological billion claims the accident, but later confirmed this ecological claims can not, as in imagination is astronomical, why is this Serbian troops: The reason is that China currently has not yet unified standard for marine environmental pollution, ecological damages. Source of pollution of the marine pollution, pollutants and contamination process more often than the general environmental pollution behavior is much more complex, which determines its loss calculation is much more complicated than the general tort losses calculated. For this reason, many countries have a range of compensation for pollution damage to the marine, compensation standards and calculation methods make clear, uniform regulations, the establishment of the Oil Pollution Compensation Fund in response to the huge compensation for marine pollution incidents. Prior to that, in addition to the Bureau of Fisheries of the Ministry of Agriculture introduced the method of calculating loss of fisheries, other losses had no clear, uniform requirements. 2007, in view of the Tasman Sea Cruises pollution incident, the State Oceanic Administration to develop a marine oil spill ecological damage assessment techniques guide, range of marine oil spill damage assessment method to do some of the provisions, but the specific standards development also take some time and technical data support, the lack of legislation led to no legal basis for the dilemma of the Bohai oil spill in the specific operation, may also cause different victims to receive compensation for the amount of a huge difference between the results to the different courts to prosecute. China should improve relevant laws as soon as possible, compensation for ecological damages,mulberry outlet, compensation standards and calculation methods clear, uniform requirements. Reporter: oil spill from outbreak to its clean-up, plugging work is not yet complete,ray ban uk, the ecological restoration of a serious lack of funds. ConocoPhillips previously announced to set up two compensation fund still remain within the foreseeable future, why not Weeks Serb army: foreign marine pollution compulsory insurance system for the implementation of offshore oil and gas exploration and pollution damage, ecological compensation for emergencies, used to fill the clean-up, plugging costs. Domestic clear limits for compulsory insurance legislation, which must be established by law or administrative regulations of the State Council set up. Offshore oil and gas exploration and pollution damage to the compulsory insurance system in the provisions of the sum insured or blank. Such defects for ConocoPhillips pollution, it is difficult to achieve the use of insurance to be used to compensate for the loss of pollution. In addition, the implementation of China's Marine Environmental Protection Law has more than 10 years, which sets out to establish the terms of the Oil Pollution Compensation Fund has not yet been established. This institutional flaw means that ConocoPhillips oil spill caused by marine pollution accidents lead to future ecological restoration of the waters will face a serious funding gap. Reporter: learn from foreign experience, China's Oil Pollution Compensation Fund system should be how to improve Weeks Serbian troops: First,abercrombie pas cher, to determine the damages fund system through legislation to clear the party of government, society, and pollution in the proportion of the responsibility of the Compensation Fund. Eighties,ray ban sunglasses, the last century in the United States developed a "Superfund law" can be used as reference, the taxes paid by the Federal Government to inject capital and related enterprises to set up a fund to restore the ecology. More important to strict environmental protection administrative law enforcement. The proposed administrative regulations of the State Council can increase provisions entered into an oil exploration contract to pay a compulsory insurance for Oil Pollution Damage as a review of whether to approve the contract conditions, entrance. Administrative fine amount should be raised is the applicable penalties has yet to be clear Reporter: before the State Oceanic Administration said that the ceiling is 200,000 penalties in accordance with the laws of ConocoPhillips may face. The upper limit of 200,000 is an oil spill penalty shall not be more than 200,000,air jordan pas cher, the cumulative punishment shall not be more than 200,000, or several oil spills Serbian troops: from the current law, 200,abercrombie france,000 may not be the ultimate punishment, but the ultimate punishment will not be more than 300,toms shoes,000 yuan, because the provisions of the Marine Environmental Protection Law, the penalty amount is limited to no more than 30% of the illegal income , and the total is not more than 300,000. Reporter: Gulf of Mexico oil spill, British BP fined was the brink of bankruptcy against the polluter, the United States is punished Weeks Serbian troops: U.S. penalties against the polluter time penalties according violations, such as a day, a penalty outside, should also be considered a violator comprehensive consideration of the subjective understanding of offenses against the law to benefit state calculate the amount of the fine, and of each element of the corresponding calculation standard, the final amount of the fine is clear the huge. U.S. government to take administrative penalties British BP will be billions of dollars, proposed civil compensation have to wait to judicial decisions, in addition to the citizens but also to bring infringement proceedings investigated BP's liability. BP's harsh American justice system, so first come up with 200 billion reserve to accept the punishment. Reporter: In contrast,longchamp, significantly lower the amount of the administrative penalty of our national marine pollution. How to improve the relevant laws,ray ban, and to overcome the "illegal low-cost, high compliance costs" normal widespread environmental pollution The Serbian troops: compared with the stringent U.S. environmental punishment, our punishment is still legal limit, and the limit is far behind the rate of economic development. Of Marine Environmental Protection Law "enacted in 1999, the penalty amount is limited to an aggregate amount of not more than 300,000, which is compatible with the prevailing level of economic development, but this limit has been significantly lower than the level of economic development. Marine Environmental Protection Law should be amended as soon as possible, to learn from the Water Pollution Prevention Law "no ceiling on the upper limit of the fines and administrative penalties for polluting enterprises can be hundreds of millions, or even billions, enterprises dare pollution, the law discouraged to change the compliance costs are high, and low cost of illegal status quo. Reporter: Gulf of Mexico oil spill, the U.S. government investigated the criminal responsibility of the British BP played an effective deterrent. Bohai oil spill the possibility of criminal penalties Weeks Serbian troops: the consequences of the pollution in the Bohai Sea is indeed very serious, but whether the punishment, the State Oceanic Administration and the public security organs to be deemed to constitute a crime whether their behavior and the consequences of pollution, transferred to the Public Prosecution Service to decide whether the identified results. Shortly before the Criminal Law Amendment VIII crime of serious environmental pollution accident changed to the crime of polluting the environment, reduce the threshold into the penalty. The punishment eight after the introduction, such as dangerous driving charges in practice played a better deterrent, but the crime of pollution of the environment has not a precedent. Recommended that the judiciary as soon as a few typical jurisprudence clear what constitutes this sin, the deterrent force of the criminal law to strengthen the law-abiding citizens' awareness of environmental protection and corporate awareness.Related articles: is not right." Many white-collar workers " particularly worried about his road security forcible entry barrier wall. Ten minutes later
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05-20-2013, 11:40 AM
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