海洋生态环境补偿主体的确定与补偿数额标准的建立路径

The Determination of Compensation Subjects for Marine Ecological Environment and the Establishment Path of Compensation Amount Standards

摘要: 康菲石油泄漏事故发生后，受损当事人的损失补偿问题得到关注，相关的调解方案也得到了发布，但该调解方案暴露出一系列的问题。突出的问题主要为两个，首先是补偿数额的问题，其次是补偿义务人与相对人的确认问题。总体而言，相关的法律尚需完善。需要明确海洋生态环境损害的补偿标准，该标准应当由专门设立的评估机构进行，综合考虑海洋生态环境的修复成本、海洋生态环境管理方的投入以及获益方的收入等等。补偿的相对方存在主体的多元性，即义务方包含政府以及其他直接受益者、环境损害方。补偿相对人即主要为生态环境损害的受害者，也包括对生态环境的保护作出贡献的个体与企业。

Abstract: After the ConocoPhillips oil spill, the issue of compensation for the losses of the affected parties has received attention, and relevant mediation plans have also been released. However, this mediation plan has exposed a series of problems. There are mainly two prominent issues, first is the issue of compensation amount, and second is the confirmation issue between the compensation obligor and the counterparty. Overall, relevant laws still need to be improved. It is necessary to clarify the compensation standards for damage to the marine ecological environment, which should be carried out by a specially established evaluation agency, taking into account the restoration cost of the marine ecological environment, the investment of the marine ecological environment management party, and the income of the beneficiaries. The counterpart of compensation has a diversity of subjects, that is, the obligated party includes the government, other direct beneficiaries, and environmental damage parties. Compensating counterparties mainly include victims of ecological damage, as well as individuals and enterprises who contribute to the protection of the ecological environment.