Legal Localization Construct of Compensation Law for Pollution Damage Caused by Ships

摘要

Marine pollution has being more and more serious, but our country has no specific and integrated law to adjust it. From the aspects of current situation, history, the value and practice of localization construct, the article advocates that we should legislate the Compensation Law for Pollution Damage Caused by Ships positively by the way of localizing legal transplantation. It is a reform and re-understanding to the transplanted laws that the process of legal localization is. The basic condition of legal localization is existing values for the transplanted law, but there are some deviations in our country's laws and regulations. Even the draft of Compensation Law for Pollution Damage Caused by Ships provides blueprint of the legal localization construct, it can not cover up the limitations of the draft. The aim of legal localization is not to negate the internationalism of law, but with admitting the internationalism, to make the transplanted law "internalized" by combining with China's national conditions, as is in order to set up Compensation Law for Pollution Damage Caused by Ships system fit the national conditions of China.