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published in(发表于) 2014/12/11 9:17:37
Chinese fishermen against ConocoPhillips oil spill pollution claims 148 million case hearing

Xinhuanet, Tianjin, December 10 (reporter Mao Zhenhua)-after a day and a half of trial, 10th, 21 farmers in Hebei province, China against ConocoPhillips oil spill pollution case at the end of the Tianjin maritime Court, selective sentencing. During the trial, both sides surrounding the legality of the aquaculture, aquaculture losses and Conoco oil spills, such as whether there is a causal relationship is intense debate, received wide attention at home and abroad.

In June 2011, Penglai 19-3 operating in Bohai oil spill accident occurred. Afterwards, multiple departments to set up a joint investigation team of China and published reports that this was causing major oil spill pollution accident, contaminating the 6200 sq km sea, 870 sq km water gets high levels of pollution. As the field's operator, ConocoPhillips shall bear full responsibility for the spill.

The Tianjin maritime Court on December 30 that year placing, and immediately to the two defendants response to mailing copies of pleadings and other legal instruments. ConocoPhillips company registered in Liberia but because the defendant, the defendant was not completed until late 2012 notarized certification authorization procedures, and in April 2013 to the Tianjin maritime Court pleadings and evidence.

Subsequently, the Tianjin maritime Court has original, defendant was convened twice in the evidence Exchange, and breeding rights to 21 plaintiffs and farming area of transfers to local government and culture area of the right concerned for investigation. Plaintiffs ' evidence submitted last time was July 6, 2014, final confirmation of the claims was September 10, 2014.

Professor, school of law, Tsinghua University, Fu Tingzhong believes that accident claims involving previous ACC also took more than a year, mainly because the Chinese Government has taken into account the marine oil pollution damage compensation dispute investigation difficult, injured parties by litigation settlement risk is extremely high. Beijing International's first experience in dealing with large-scale pollution accidents through mediation, first as a guidance to fishermen to accept compensation for administrative coordination, so as to keep damage to fishermen, from litigation risk, free from the burden of proof cannot, compensation as soon as possible. Also a "package" focusing on the collective disputes.

Leting County, Tangshan City, Hebei province, Zhang Fuqiu, President of the aquaculture Association says, 21 plaintiffs leting waters sea cucumber breeding in Hebei province, a total of 2905.99 acres of sea cucumber breeding pond, factory-farmed 5727 square meters. After the oil spill accident in Penglai 19-3, because the defendant had not announced to the public in a timely manner, causing plaintiff mistakenly mixed with oil of sea water into the sea cucumber aquaculture ponds, caused the death of a large number of sea cucumbers, through calculation of about 140 million Yuan RMB. Plaintiff requests that the two defendants jointly and severally liable for the loss, 7.03 million dollar appraisal fee and legal costs in this case, amounts to about 148 million dollars.

Dropping in on the trial observation of Vice President Dan Hongjun at Dalian Maritime University told reporters after the hearing, court respect for the rights of the parties during the hearing process in place, for the procedural rights of the plaintiffs and factoids and fully respected. Final judgment will look at providing evidence of objectivity, authenticity, relevance.

"The Court allowed plaintiff fishermen will more than 80 copies, such as the name, the probative value of the evidence introduced one by one, which is rare in a previous trial. "China Environmental Federation said Ma Yong, Minister of supervision proceedings, although the plaintiff does not employ professional solicitors, but the Court gives the parties the right to protect very well.

According to the original statements of the accused, the focus of the dispute focuses on whether the plaintiff has a legitimate right to culture, the right to claim, Penglai 19-3 pollution from oil spill zones to farmers, loss of the plaintiff's claim and the ability of oil spill is a law of cause and effect relationships, impaired how to judge the amount the plaintiff, and whether CNOOC should be liable for 5 points.

Counsel for the defendant, said Conoco already supports a huge amount of money to compensate the loss of fisheries, and the corresponding administrative and civil responsibility, "but that does not equate to no principle, no factual and legal basis of compensation. ”

He suggested that the plaintiff fails to obtain an aquaculture licence, the litigation subject qualification is not appropriate. And the evidence provided by the plaintiff cannot prove that oil spill on the breeding areas of Penglai 19-3 pollution, loss of the plaintiff's claim and the spill of Penglai 19-3 no legal causal relationship.

Reporters learned from the trial, leting under Conoco's overall compensation, indirectly, to accept the mediation of sea cucumber fishermen per acre pool 540 Yuan in compensation, which claims nearly a hundredfold difference between the fishermen and the trial.

In cross-examination session, former defendant relating to specification for specimen sampling, preservation, supervision, plaintiff qualification, whether the company has engaged in a fierce debate.

(Original title: Chinese fishermen against ConocoPhillips oil spill pollution claims 148 million Yuan's trial ends)

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