Discusion On The Perfection Of Marine Environment Protection Law In China Based On Conocophillips Oil Spill Accident

In recent years, with the rapid population growth and economic development, China’sgoal to expand the living space and ensuring economic development have graduallyshifted the ocean, and increase efforts to develop marine resources to promote sustainableeconomic and social development has become an inevitable choice. However,development that is associated with the risk of Bohai Bay in2011, ConocoPhillips oil spillhas become a worldwide following the2010oil spill in the Gulf of Mexico oil spill thatshocked the world, to the cause of the Protection of the Marine Environment in Chinasounded the alarm once again.China attaches great importance to the prevention and control of marineenvironmental pollution and its legislative work. Since the fifties of the last century, aseries of marine environmental pollution control legislation, to establish a legal system ofmarine environment pollution prevention, Marine Environmental Protection Law hasbecome China’s environmental protection legislation in the history of the first formal legal,and also the first formal legal cause of the Protection of the Marine Environment in China.Working in the protection of the Marine environment in our country has made someefforts to single from the whole situation of environmental protection, the work is still inrelatively backward position. Along with the development of social economy, emerge inendlessly about the Marine environment pollution, the Marine environmental protectionlaw has already can not adapt to the new ocean environmental protection situation. Thisarticle emphatically from the conocophillips oil spill events typically found in the currentproblems of the Marine environmental protection law, and then around the law and thereality analysis to put forward the opinion suggestion of perfecting the law finally.This article through four parts to this subject. The first part briefly describes the current situation of China’s marine oil pollutionand China’s "Marine Environmental Protection Law" provisions of the relevant existing oilspill issues.Mainly expounds China’s current "Marine Environmental Protection Law," thebasic principles and the law with a major oil spill-related legal system.First of all, to the conocophillips bohai bay oil spill accidents happened, reason andprocessing are introduced, points out the harm to environment, economy, the residents ofthe accident, finally analyzes the universality of sea overflow oil risk in the second part.The third part, combined with the first two chapters, indicate the conocophillips oilspill accident exposure of the existing problems in the Marine environmental protectionlaw, from the aspect of legislation and enforcement, introduces the legislative lack offorward-looking and local emergency response mechanism is not sound, administrativepunishment is not strong enough, Marine environmental information reporting system isrelatively weak, and the Marine environment protection agency functions divided not clear,Marine ecological damage rules difficult to operate, such problems as lack of internationalcooperation and public participation.The fourth part, based on the principle of prevention and control, emergency disposalsystem to build in the suggestion in the first place, in view of the above the problems anddefects found, combined with the reorganization of the state oceanic administration andnational Marine committee was formed in2013, according to improve the disposalmeasures to advance and perfect the emergency system afterwards two parts discussed inthis paper. At the same time, due to the Marine environment protection act involves thewide social interests, the need to increase public participation in efforts to join the finalEIA public participation and improvement of environmental information disclosuresystem.