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《Annual of China Maritime Law》 2010-04
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Monitoring and evaluation of the loss and damage caused by oil pollution

XU Guang-yu,LONG Yu-lan(GUANG YU & CO.,Guangzhou 510627,China)  
The article aims at the disputed practical problems of how to ascertain fishery losses and ocean environmental and ecological damage resulting from oil leakage,tries to find the solution by entrusting legal qualified surveyor to make a professional monitoring and evaluation report which could be the authentic evidence for the above-mentioned losses and damages.The article analyzes and clarifies why the monitoring and evaluation report issued by the legal qualified surveyor is the "expert conclusions" as stated in Civil Procedure Law of the People's Republic of China and should be the legal and effective evidence according to the report's characteristics,contents and its way of monitoring and evaluation.The article also advocates that the right owned by fishery bureau and departments to investigate the fishery loss causing by oil pollution and the right for fishery bureau and departments to claim for fishery loss exist for the same time and have no conflict with each other.
【CateGory Index】: D925.1;D922.68
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