蓬莱19-3油田溢油事故暴露出法律制度和司法实践并不能对受害者和潜在受害者快速响应,尽最大可能实现对弱者提供及时、有效、公正保障的问题。侵权法、物权法提供的法律工具,对受害者保护来说,都存在较大程度的缺陷,而跨国公司母公司利用其与子公司的特殊关系,加剧了受害者求偿权实现的难度。国家应当在环境赔偿责任社会化的基础上将受害者事后救济制度与环境损害填补机制结合起来,形成综合机制。%The oil spill event under the control of ConocoPhillips China and the direction of China Offshore Oil Corporation has been exposed to public atmosphere since late June 2011.However,with a definitively confirmed losses suffered by victims,the remedy which shall be afforded to pollution victims as it was afforded in United States for the BP Deepwater Horizon platform oil spill in Mexico Gulf last year,has not taken shape up till now.The question is that the Chinese legislations as well as judicial practices failed to provide those victims a timely,effective and just guarantee in a quick response.Defects would emerge if we rely merely on the tort law and property law to protect victims＇ rights.Nonetheless,the specific structure of transnational corporations was utilized by parent companies to fend off their responsibility which should not been imposed entirely on their subsidiaries in China.The State should inasmuch pack up all the environmentally related issues together and re-sculpt the victim remedies on the basis of a comprehensive risk-control and compensation system.
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