1 Introduction

71%of the earth surface is covered with oceans which play an important role on the communicating human civilization and economic development.There exist rich resources in seas and oceans.Nowadays,with the impoverishment of the land resources,human began to widely explore oceans by advanced knowledge and top technology.In the process of exploring and utilizing the oceans,ocean ecological environment has been changed causing the extinction of many creatures.Sea-filling,pouring various poisonous and harmful materials,oil divulging make the already polluted ocean worse.These ocean pollutions not only damage the ocean ecological system,but also damage other things along the sea.It's necessary to identify the certain compensation range for the responsible main body in order to fast recover the damaged ocean ecology.

When the damaging fact forms,no matter pursuing the criminal,administrative or civil responsibilities,the economic compensation could be finally realized.Therefore,the problems that the person liable should pay for which damages,whether pay for the realistic damageor theexpecting profit,on which conditionscan they relievethe responsibility;and how to apply the responsible principles make the ocean pollution closely surround the compensation judgment.

1 Main resource of the sea pollution

The first rule inUnited Nations Convention on the Law of the Sea,the sea pollution is that"humans directly or indirectly pour various materials to the sea and estuary,which has led to or may lead to the damage of creature resources,sea creatures and human health—including the fishing and other formal oceanic activities—sea water use and environment influence."Since the reform and opening-up,the economy develops very fast in China,but there are also many problems on the exploitation and use of the sea.The resource of the sea pollution could be divided into fouraspects,the shipping development,wastedumping,seabed activities,and theroadbed and atmospheric pollution.

1.1 Pollution by the development of shipping industry

Since the industrial revolution,the ocean shipping industry has developed fast.Humans used steels and oil to make the huge ship which can resist the sea storm.It is necessary to store enough diesel oil to travel on the sea for months.While traveling,the diesel oil will be poured to the sea directly;and they also pour the sea water to the empty fuel tank to clean it or to press the cabin.But these mixtures of water and oil are poured directly to the sea without any treatment.The stranding,colliding,exploding also can lead to the sea pollution.

乔十二郎道：“啊？江云飞你都不知道？”秦铁崖以为他要替江云飞吹嘘一番，谁知他脸色凝重地道，“不过就凭这几行字，不一定能确认是风云八虎写的。”

1.2 Landsource rubbish

It is a very cheap treatment to pour the land rubbish to the sea,especially that it is regarded as the adopted rule to pour the rubbish in the international waters.But the sea in flowing,so the rubbish poured in the international waters will float everywhere and finally damage their own interests.In her representative piece of Silent Spring,Rachel revealed that a composite material DDT which is only used in land is found in sea animal which live in the north pole.It finally improved the world wide forbidden of the poisonous chemical materials.Then how the poisonous material entered the north-pole animals?One of the important reasons is that the rubbish pouring of humans pollutes the ocean ecology.

1.3 Human activities on the seabed

Seabed contains numerous sources,including oil,gas and burning ice,etc.In order to exploit these resources,humans construct many exploiting platform and pour much harmful materials to the sea and atmosphere.But the most serious thing is the oil divulging of drilling platforms.The large-scale oil divulging continues to happen.For example,the American Mexico Gulf oil divulging event lead to the 155 square kilometers of accident area,which is regarded as the most serious ecological disaster in the American history.As one of the most obvious oceanic pollution materials,it can finally be degraded by bacteria,but can bring the irretrievable damage to the coast,seabirds and fishes before degradation.

1.4 Pollution from continents and atmosphere to the ocean.

As a dynamic recycling system,the ecological system can change and transport different materials and energies through the atmosphere recycling and sea-continent recycling.Thissystem makesvariouspolluting materialspoured in continentsand atmosphere into the sea,which is the most common way of the polluting materials to the sea.According to the statistics,12%of the sea pollution is from shipping,10%is from rubbish pouring,1%is from seabed activities.In addition,the pollution from land base and atmosphere is 44%and 33%respectively.[1]Different from the oil pollution,the land based and atmosphere pollution can bring the serious poisonous materials which cannot degraded by the sea but absorbed by the fishes.Once these fishes are eaten by humans,it will lead to the invocatable result.

2 Compensation scale rules of the sea pollution in international legislation.

Fourth,in 1971,Compensation Responsibility Funds Convention of Oil Damage(FUND1971 for short).The aim of this convention is to provide a more reasonable compensation mechanism.But there exists argument on restricting the duty rule and the highest compensation amount among the contracting countries.So in 1976,1984,1992 and 2000,there add four amendment protocols respectively to further supplement the compensation rangeof CLC1969 that"thefollowing reasonscauseno or enough compensation amount according to the convention,the fund should pay for that:there is no damage-compensation duty according to the convention;the owners of the ship who should be responsible for the damage cannot afford the compensation,and cannot pay or fulfill the demand of damage compensation according to the financial commitment ruled by VII of the convention."[5]It further improved the highest limited amount of compensation.The 2000 amendment improved to 230 million SDR.

In order to improve the protection to the sea environment,The International Convention on Liability and Compensation for Pollution Caused by Hazardous and Toxic Substances at Seasigned in 1996 regulated the strict responsibility of the ship owners is that the highest compensation is no more than 10 million SDR if the ship is under 2 000 ton;if the ship is between 2 000 and 50 000 ton,then it adds 1500 SDR per ton;and it adds 360 SDR per ton over the 50 000 ton.The short part of the pollution when transporting HNS should be compensated by HNS fund.

2.1 Relative rules of the ocean pollution compensation scale in the international law

2.1.3 The international compensation rule of sea pollution caused by poisonous and harmful materials

利用温湿度检测值与设定值偏差的比例积分微分进行反馈控制，通过P（比例）算法控制温湿度偏差，I（积分）算法控制温湿度变化时间长度，D（微分）算法控制温湿度变化的速率，表达式如下：

Convention of nuclear pollution damage.As the new energy,the transportation or as the ship energy,the nuclear power has the possibility to pollution.For example,in 1992,some experts criticize the first Japanese nuclear transportation,which may seriously influence the sea environment.So IMO strongly prevented this transportation.The relative treaty mainly includeThe Paris Convention on Third Party Responsibility in Nuclear Energysigned in 1960 and relative supplement protocols.According toConvention on Liability for Nuclear Power Vesselssigned in 1963,on the basis of the special nuclear energy,it regulates more strict responsibility to the ship owners that"if have been proved,the nuclear damage is caused by the certain ships energy,or the ray products or the waste of the nuclear accident of the ship,the businessman of the ship should be absolutely responsible for the damage."[6]The Vienna Convention on Civil Liability for Nuclear Damagesigned in 1963 concretely regulated the compensation amount and the highest number."The responsibility of the nuclear matter can be limited by the equipment country that:(a)more than 3 million SDRs;(b)more than 1.5 million SDRs,under the condition that the number between 1.5 million and 3 million should provide the common fund to compensate the nuclear damage by the equipment country;(c)from the effect of the protocol to the following 15 years,they should pay the transition amount of 1 million.It can regulate less than one million under the condition that the equipment country provides the common fund to compensate the nuclear damage between the less amount and 1 million SDRs."[7]

First,International Convention for the Prevention of Oil Pollutionsigned in 1954 is the earliest convention which prevents the sea oil pollution.It made the principle rules and technique actions of forbidding ships to pour oil to pollute the oceanic environment.But it is finally replaced byMARPOL73/78 Pollution Prevention Conventionbecause of its bad functional effect.

Second,the Torrey Canyon oil divulging on the eastern coast of England in 1967 directly leaded to theInternational Convention on Civil Liability for Oil Pollution Damage andConvention on International Intervention in the High Seas Oil Pollution Accident(CLC1969 for short).The main purpose is to make the victims get proper and efficient compensation.According to rules and programme on establish the international civil compensation,this treaty helps the victims to demand compensation to the owners of the ship.And it turns to the"strict responsibility"on the imputation principle and restricts the liability exemption of the ship owners.Meanwhile,in order to protect the ship owners,the treaty regulates the limitation of the most compensation,which is decided by the ton of the ship not by the actual damage,which is"according to this treaty,the owner of the ship has the right to limited the responsibility of any event as 2000 Franc per ton calculated by the weight of the ship."[2]Comparing with other international treaties,this treaty has improved much,butunderthe condition of the fastdevelopmentof globalization,the compensation of 210 million franc or 18.9 million cannot recover the damage resulted from oil pollution.

Third,in order to cover the shortage of CLC1969,Protocol ofAmendment 1969 International Oil Pollution Civil Responsibility Convention(CLC1992 for short).This treaty clarifies the controversial conceptions such as the oil range and pollution damage,enlarges the use range of the treaty that"the territory of the contracting countries includes the sea and the unique economic region set up according to the international law;or if the countries don’t set up this kind of region,then according to the international law,it is the region within 200 sea miles from the basic line of the sea to the outside."[3]On the basis of limited compensation,it improved the responsible amount that"for the ship within 5000 ton:3 million per unit;for the ship more than 5000 ton:apart from the above amount,every another ton should be added more 420 unit.But the total amount should not pass 59.7 million unit."[4]The calculating unit changes from franc to the special withdrawal right(SDR).From the amendment of the international treaty,we can see that only insist the rule of the highest compensation amount,the treaty will definitely continue to change.

The sea pollution usually relates to many countries because of water flowing.This cross-country pollution cannot be solved by a simple inner law any more.In order to solve this problem,different countries make sure their own rights and duties through signing treaties and agreements.Therefore,solving the oceanic pollution must be analyzed and balanced in the perspective of the international laws.

1.2.3.3 测试指标与方法 本实验共采用4项测试来检测北京大学体育舞蹈选修课学生协调性与灵敏素质的情况，测试1与测试2为协调性测试[17]，测试3与测试4为灵敏素质测试[18]。

2.1.2 Regulation to the nuclear pollution in the international law

From the point of our current legislation environment,enforcing the marine pollution punishment,installing the marine ecological warning line and protecting the marine ecology is our legislative trend.But the marine pollution must enforce the international cooperation.We must improve and perfect the international treaty to protect the marine environment and take the necessary responsibility as a great power.

The treaties relating to the sea pollution compensation mainly focus on the ship oil pollution.The ship as the main transport in the international trade and oil as the commonly used recouce gain the most widely attention.

2.1.1 International treaty on the compensation of ship oil pollution and damage

一枚平凡平淡平常不过的IT工程师信小呆，集万千宠爱于一身，打败了300万网友，戴上“中国锦鲤”花环，获得200多个商家提供的中国锦鲤全球免单大礼包，一下子脱非入欧，好生让人羡慕嫉妒恨。

The international laws about the compensation of oceanic pollution are mainly made in the middle and late 20thcentury.TheInternational Maritime Oil Pollution Treaty,which was signed in 1954 in London,had become the monumental event to improve the management of the sea pollution.ThenInternationalConvention onCivil Liability for Oil Pollution DamageandConvention on International Intervention in the High Seas Oil Pollution Accidentestablished in 1969,andConvention on the Prevention of Pollution by Ships and Aircraftestablished in 1972 made detailed rules on the aspects of preventing pouring materials and continent materials,and spreading pollution.Until 1982,it had formed the international standard and programme system of sea environmental pollution centered in United NationsConvention on the Law of the Sea.In addition,the international maritime affairs organization is founded to solve the problems on the sea environment and sources protection.In order to solve the arguments,there established the organizations of international court,international maritime law court and special arbitration,to make the forcing judgment on the controversial international oceanic pollution events.

The protection of the sea ecological environment in the international law tends to be perfect and strict.But when there is a conflict between environment protection and country interest,more countries tend to break the law and continue to damage the sea ecological environment for the their interests.There are the conflict between economic development and environment protection,especially the weak international law makes the current condition worse.The highest compensation amount cannot solve the environment problems brought by the pollution,which is the balancing result among countries.These compromises make the international environment law more and more far away from protecting the human living environment.

2.2 The breakthrough of America 1990Oil Law

Every breakthrough law is improved by one or a series of serious social events,so is the 1990 Oil Law.In 1989，American Exxon oil company ran on rocks in William Prince bend,polluting the coast of 400 kilometers.Facing this huge lost,America doubt whether joins in the CLC1969 convention system.If joining the convention system,it would be limited by the highest compensation 30 million SDR,which cannot compensation the lost caused by the disaster,and the later environmental restoring work also need much money.So America didn’t join the convention system and turned to thenational legislation to make the professionalOil Pollution Law,which broke the relative rules of international laws and had long lasting influence on the oil pollution legislation of other countries.

Comparing with CLC1969 and FUND1971 on the strict responsibility,America 1990 Oil Pollution Law regulated more strict responsibility model to the ship owner and the ship rent men,that is the"absolute responsibility mode",reflecting the principle that"one should pay for the pollution"and requiring the responsibility body to take"infinite pay off duty".If the pollution is caused by the duty body or the agent person,employee or the person relating to the contract,the duty body must take the infinite compensation duty,that is,they cannot enjoy the right of compensation limitation.1.They have great fault or intentional improper behaviors.2.They violate the united safety,construction or operating rules and orders,including not reporting the accident and not providing cooperation and help to the cleaning activity.3.If the ship pollutes the continental shelf or on the or on the continental shelf facilities,the duty body must pay all the expense without enjoying the duty limitation.[8]It also regulates that the duty body pay for the preventing pollution and the actual lost,and they should also pay for the recovery cost.The law also requests that the liquid vessel must adopt the double-shell structure in order to reduce the spilling amount during the accident.This high standard separates America from the international society.It didn’t create a united rule which can fit for the oil producer and transporter.[9]

We must admit that the principle and aim of America1990 Oil PollutionLaw are not for improving the sea environment protection in the future,but are from the perspective of the national interest,which will exist many questions and cannot be universally used.But we also have to admit that the question of oil pollution in America happens less than other developed countries after the publishment of the law.This law has great influence on the legislation in Canada,Japan and Taiwan and is widely referred.

采用主成分法对标准化处理后的三个变量进行因子分析，按照输出结果中特征值和贡献率的大小提取出两个公共因子F1和F2。由表2可知，两个公共因子的特征值均大于1，且方差累计贡献率为100%，大于85%，符合提取公共因子的原则；最后将旋转后的公共因子的方差贡献率视为权重，与两个公共因子的得分值相乘得出因子综合得分，该得分作为产业结构升级水平的综合评价体系的指标值F，计算公式如公式（1）所示：

3 The regulation of Chinese legislation to the sea pollution compensation scale

As for the Chinese legislation,we have less power to the environment protection.It was a common sense of sacrifice the environmental interest for economic development during a long period.But since the amendment of 2015People’s Repubilc of China Environmental Protection Law(Environmental Protection Lawfor short),our government has enforced the environmental punishment.It revisedPeople’s Repubilc of China Sea Environmental Protection Law(Sea Environmental Protection Lawfor short)to further perfect the preventive measure of our sea environment and carry out morestrict punishment.At the same year,Law of the People’s Republic of China(Civil Lawfor short)is formally carried out and make the ecological environment as one of the basic principles in national civil law,providing more effective legislation references for the sea environment,and making national legislation to the sea environment protection enter a new historical period.

3.1 Changing of General Provisions of Civil Law to General Rule of Civil Law

According to the rule 124 inGeneral Rule of Civil Law,who violate the rule of national environmental protection and prevention pollution to harm others should take civil responsibility.[10]Comparing with the rules,this is more general because of the editing of code system.In the overall part,the principle content is regulated,and the concrete content should be fixed in the component part or in the form of special legislation.But General Provisions of Civil Lawimproves the environmental protection to the basic principle of the civil law and asked that when the civil body should save environmental resource and protect ecological environment when working on the civil activities,which increases the position of the environmental protection in the civil law and providing the law accordance for the sea environmental protection.

3.2 Revision ofEnvironmental Protection Lawin the compensation scale

The latest environmental protection law in 2015 is regarded as the strictest law,which not only punishes the polluters more strictly and make the environmental protection as one of the examining accordance to the government,but also firstly clarifies the compensation scale.The people who damage the environment and ecology should take the torting duty according to theTort Liability Law of the People’s Republic of China.[11]Though the judical section used to solve the environmental pollution issue according to theTort Liability Lawbefore revising it,there still exist great argument when solving the pollution compensation problem because of the vague of the legislation.On one hand,the Tort Liability Lawenlarges the compensation scale for the victims.On the other hand,for the rule of quoting duty converting to environmental pollution,there is no reason-result relationship between pollution behavior and damaging result,which largely reduces the burden of the victims.

秀容月明、乔瞧就这样好上了。这事传到秀容月明母亲那里去了。秀容母亲年纪轻轻就守了寡，这个家由她一手操持，虽是妇道人家，但不论做什么事，都让人说不出话来。她觉得儿子在婚姻大事上不该瞒着自己，儿子娶谁，得由她说了算。

3.3 The revision of the compensation scale in Marine Environmental Protection Law of the People’s Republic of China

In order to further protect the sea ecological environment,on the basis of Environmental Protection Law,China constitutedMarine Environmental Protection Law of the People’s Republic of China(2000 Marine Environmental Lawfor short)in 2000.But the purpose of it was to combine the international CLC1969 system.Although it regulated more certain civil duty,the rule on the ecological compensation is not enough.The highest fine is not more than 300 thousand for the troubling enterprises cannot make up the recovering fees caused by the oil divulging.For example in 2011,the Bohai Sea Penglai 19~13 oil field occurred serious oil spilling accident by CNOOC and American ConocoPhillipscooperating company,which polluted 1 600 square kilometersand influenced Liangning,Hebei,Tianjin and Shandong.This accident was judged as the most serious sea ecological accident and oil spilling accident in China by the State Council Investigation Group.The fine of 30 million is too less for the recovering the environment of the Bohai Sea.At this time,2000 Sea Environmental Law had lost the meaning as a law.Finally the service section coordinate this and asked the ConocoPhillips to compensate more than 1 billion RMB to the victims,and asked CNOOC to provide 1.5 billion RMB to recover the ecological environment in Bohai Sea.

This oil accident directly improved the revision ofLaw of Marine Environmental Protection.After many years of discussion,the newmarine Environmental Protection Law of the People’s Republic of Chinaeffected in 2017 (2017 Marine Environmental Lawfor short).It improves the compensation of the sea pollution.For the accidents which causes serious or relatively serious pollution,the fine is 20%of the direct loss;for the accident which causes serious or very serious pollution,the fine is 30%of the direct loss.In addition,the new law is combined with improving marine pollution,which can realize the construction of marine power and the sustainable development of the economic society.

There is a big difference between the Marine Environmental Law in 2017 and the international limited compensation principle.China does not regulate the compensation limitation but the ration.Comparing with the American legislation,we have no absolute compensation duty,that is not compensating all the damage.In addition,2017 Marine Environmental Law accords the actual damage to regulate the compensation amount,which is more reasonable than the highest compensation amount according to the ship weight regulated by the international law.

采用SPSS 17.0软件对数据进行分析处理，计量资料以（均数±标准差）表示，采用t检验；计数资料以（n，%）表示，采用χ2检验，以P＜0.05表示差异具有统计学意义。

4 Common principles of marine pollution compensation

4.1 Compensation responsibilty limited principle

Compensation responsibility limited principle is the common principle in the sea affair compensation.As the special phenomenon of sea trade,this principle means that facing the condition of victim death and wound,property loss caused by the sea disaster,the compensation duty of the duty body should be limited in a certain scale.The damage compensation duty system is a legal right of the duty body given by the law,and is a special duty form of civil damage compensation.It mainly includes International Convention on the Limitation of Certain Rules for the Unification of all Persons in the Sea in 1924,The Convention on the Limitation of Liability of the Ship Owner in 1954,Convention on Limitation on Liability for Maritime Claims in 1976.

The significance of conventions is that the interest and facing risk and responsibility of the duty body should accord the ratio and fair principle,give the victims in marine accident the proper insurance and can protect and improve the lasting and healthy development of the international ship industry.We can easily understand that the developed science and technology may also have marine disaster when facing the changeable weather.But the ship owners only charge the limited fees.If they take the responsibility of all the loss,they probably go bankrupt.But the shipping industry play a very important role in our social and economic development.So it is necessary to carry out the limited duty principle to make the international marine transportation continue to develop.

焊接方案搞出来了，但要使每道焊口都符合要求，还必须有掌握过硬技术的焊工。公司抽出50多名技术过硬的中青年焊工，进行了20多天的专业培训，对他们进行理论和实际技术考核，从中选出32名合格者上机操作。

The main fund aim of FUND1971 is to compensate the shortage of the limited compensation responsibility,which does not compensate in the CLC1969 convention or is partly apply for the part which surpass the convention compensation scale,to reasonably compensate the loss of the victims.This may balance the responsibility of the duty body and the loss of the victims,then reasonably solve their argument.

4.2 Overall compensation principle

The overall compensation principle means the infringement person use his own property to compensate the obligee’s total economic loss,including the direct and indirect economic loss.[12]This basically equals the American 1990 Oil Law’s absolute duty mode,which is that the duty body should pay for all the compensation of the loss if there is serious fault or intentional behavior.The compensation body is not only the direct victim,the country can ask the duty body to compensate the prevention more pollution and recovering expense as a special body.But we should also realize that the overall compensation may result in the inability to pay for all the damage even the marine transport body spent everything,so it is important to remain the discreet attitude when applying this principle.

It does not mean that we can only choose one kind of compensation principle.The limited compensation principle is still the main trend in the international legislation,even the most strict marine environment protection law,the America1990 Oil Law,is just reduce the scale of the limited compensation responsibility.As the exceptional article,the"absolute responsibility model"can be used only when the duty body has the intentional and great fault,and violates the united or the state law’s obliged rules.Although under the limited compensation responsibility system,the victim can only get a part of the loss,it does not prevent the establishment of the overall compensation principle.The limited obligatory right amount isstill the whole loss of the obligee.The aim of limited compensation is to share the transport risk.

5 Conclusion

In order to fulfill the human development,our exploration steps into the inner part of the sea.Human activities have great influence to the marine ecological environment.Facing the dangerous marine pollution,different countries continue to agree and establish a series of international treaty.When solving the marine environment problem,it should ensure that first,international cooperation is important.The global efforts will establish more tight management institution.The developed countries should provide technological support to the developing countries to realize the common protection of the global environment.Second is the prevention principle.The international society should take various measures to avoid the serious pollution accident.Only use science to judge the human behaviors to influence the environment can we prevent the pollution radically.

Another is to determine the marine pollution accident compensation scale which has already happened.Before transforming the international law to the national law,we must reasonably solve the relationship between limited compensation principle and the overall compensation principle.Thescaleshould not betoo wideto develop themarine transportation,and we should also avoid making the compensation amount tool low,which may makeLaw of Marine Environmental Protectionbecome a useless paper.It is especially true for our national legislation.On the background of globalization and marine power construction,it is necessary to combine with the international.But for the treaty which isharmful to the marine environment,we should realize the scientific and systematic of our national legislation.

为了达到好的输液监护效果，本系统与传统的输液报警器相比：增加了输液加热装置、控制输液滴速模块和智能输液系统。增加的3个功能有效的弥补了一般的输液报警器的不足，极大的提高了用户的使用体验感。

4.提出深化行政体制改革。“创新行政管理方式，提高政府公信力和执行力，……严格控制机构编制，减少领导职数，降低行政成本。”

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[4] International Maritime Organization.International Maritime Organization Protocol of 1992 to amend the International Convention on Civil Liability for Oil pollution Damage,1992[R].UN,1992,p5.

[5] IMCO.International Fund for Compensation for Oil Pollution Damage,1971[R].Belgium,1971.

[6] Convention on the liability of operators of nuclear ships，1962[R].Belgium,1962.

[7] 譒oljan V.Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage[J].Hrvatska znanstvena bibliografija i MZOS-Svibor,2000,3-11.

[8] Oil pollution act of 1990,1990[R].101st United States Congress.

[9] Tou Xiao Dong,Zang Wei hua.On compensation for Marine pollution damages in marine era[J].Legal Science,2013,34(2):69-79.

[10]Standing Committee of the National People's Congress.General Principles of the Civil Law of the People's Republic of China[Z].2014.

[11]Standing Committee of the National People's Congress.The Environmental Protection Law of the People's Republic of China[Z].2014.

[12]Jiang ping.Civial Law[M].Beijing:China University of Political Science and Law Press 2017,6(4):568.