海事机构实施强制清污条件及清污费用求偿的思考

随着海上运输业的持续发展,船舶溢油事故风险也随之增加,发生船舶污染事故后,海事机构有权实施强制清污避免或者减少污染损害,但是对实施强制清污的条件及由此产生清污费用的求偿路径,理论与实务界存在诸多争议。文中由一起厦门海域发生的强制清污案例引发思考,从实务角度出发,用推演法分析实施强制清污的几种情况,探讨各清污主体之间的关系,得到清污单位直诉清污义务人合理结论,并给出实施该追偿路径的相关建议。

Consideration on the condition of enforcing compulsive pollution removal and pollution removal fee claim

With the continuous development of the maritime transport industry,the risk of oil spill accidents from ships also increases.After a ship pollution accident occurs,the maritime administration is entitled to carry out compulsory clean-up to avoid or reduce pollution damage.However,there are a lot of disputes in both theory and practice concerning the conditions for conducting mandatory clean-up and the channel for the compensation of the corresponding clean-up costs.The paper proceeds from a case of mandatory clean-up which occurred in Xiamen coastal area.From the practice perspective,it analyzes several situations of mandatory clean-up using the deduction method,and studies the relationship among various subjects of the mandatory clean-up.It draws the conclusion that it is reasonable for the clean-up organization to proceed directly against the obligator for pollution clean-up.It also proposes relevant suggestions on the approach for the recovery.