The Factors Affecting Judicial Authentication on Maritime Oil Pollution and Relevant Sovling Measures

摘要

As a necessary proceeding to establish civil liability for oil pollution, the judicial authentication on oil pollution is crucial to the trial. This paper tries to put forward corresponding solutions to the existent problems of judicial authentication on oil pollution at sea. Firstly, the author introduces Chinese laws, as well as some essential requirements on judicial authentication. Secondly, the author focuses on the subjective and objective factors that have a great influence to the justice of authentication on oil pollution in detail, together with the unreasonableness of judicial authentication charges criterions. In the third part, the author tries to explore the controversy on the scope and methods of the authentication, bringing forward that the losses of mid-and-long-term natural fishery resources belong to environmental damage, whose judicial authentication may be based on the Specifications for Identification System of Spilled Oils on the Sea of China and the international common practice. Finally, difficulties are particularized for judges to identify the judicial authentication reports, suggesting constituting regulations on upgrading the competence of judicial authentication institutions and authenticators, authorizing highlevel judicial authentication institutions to reauthenticate and to deny the validity of low-level ones'judicial authentication reports, and establishing proper standards and limitation of authentication costs. To sum up, problems on judicial authentication on oil pollution should be solved in time in the interest of the marine environment.