中国海事Issue(5)：62-65,4.DOI:10.16831/j.cnki.issn1673-2278.2024.05.020
船舶油污强制清除费用法律性质辨析
Analysis of the Legal Nature of Compulsory Removal Costs for Ship Oil Pollution
摘要
Abstract
To clarify the legal nature of the charges for the compulsory oil pollutant cleanup of ships is a necessary requirement in enhancing the mechanism on the accurate prevention and control of oil pollution by ships.With the continuous improvement of international legislation on oil pollution damage compensation,it is urgent for China to clarify the legal nature of the charges for the compulsory oil pollutant cleanup so as to improve the damage compensation system.Based on a critical reference of the mainstream academic opinions on the legal nature,the paper probes into the issue based on the views that compulsory pollution cleanup is recognized as acting performance of administrative coercion,that the contract between the maritime administration and the third party of pollution cleanup is an administrative agreement,and that the charges for compulsory pollution cleanup can only be claimed at the pollution cleanup obligator by the maritime administration using public authorities.It attempts to optimize the argument logic for the recognition of the administrative nature of the charges for compulsory pollution cleanup.关键词
强制清污/强制清污费/行政协议/行政强制代履行/海事行政执法Key words
compulsory pollution cleanup/charges for compulsory pollution cleanup/administrative agreement/acting performance of administrative coercion/maritime administrative law enforcement分类
社会科学引用本文复制引用
王少权..船舶油污强制清除费用法律性质辨析[J].中国海事,2024,(5):62-65,4.
