Research On Perfecting Chinese Government’s Legal Responsibilities In Ocean Environment Protection

With global ocean environment problems getting more serious，the protection ofthe marine ecological environment has been put on the national and internationalagenda. As the main subject of the law enforcement of marine environmentalprotection, strengthening research on perfecting government’s legal duties becomesparticularly urgent.Our Government has made a lot of achievements in carrying out the legalresponsibilities of ocean environment protection. However, at the same time, there arealso many problems and shortcomings in administrative legislation, the constructionof law enforcement management system, the enforcement and practice of the specificlegal system and dealing with international marine environmental disputes. Becausethese problems and deficiencies exist, so we need to strengthen and perfect ourGovernment’s legal responsibilities in the protection of marine environment. And thisis also the need to improve the marine environmental problem in China and enhancethe effectiveness of related laws on marine environmental protection. Theenvironmental problems in our sea area are not optimistic. This is not only due to thevarious channels of pollution and unreasonable exploitation of marine resources, butalso related to the Government’s legal responsibilities in administrative legislationand law enforcement practice. Meanwhile as the law enforcement authority, thefulfillment of the Government’s legal responsibilities in marine environmentalprotection has an important impact on the validity of the law of marine environmentalprotection.Today, in advancing the transformation of government functions, the protectionof the environment for the Government is no longer a simple administrative powers,but the social responsibilities. If there is no expected implementation, the Governmentmust bear the legal responsibility. Our environment legislation has established theGovernment’s environmental responsibilities, but not perfect. Our environmental legislation on the Government’s powers is too much and on the Government’sobligations is too few.And the environmental legislation on the Government’saccountability for the violation of the exercise of their functions or failure to fulfillenvironmental responsibilities is missing. The United States, Japan and Russia are theearliest countries on government environmental liability legislation. Through thestudy of their legislation and practice of government environmental responsibility, wecan get inspiration recommendations on perfecting our Government environmentalliability legislation. Combined with government environmental responsibility theory,perfecting Government environmental liability legislation of The National People’sCongress and its Standing Committee is a prerequisite measure for enhancing theGovernment’s legal responsibilities in ocean environment protection.In the area of revising and improving the administrative legislation, ourGovernment should uniform the application of the rules and regulations and perfectthe relevant provisions of the administrative legislation， especially on theadministrative responsibility and the maritime administrative punishment procedure.In terms of regulating the construction of the law enforcement management system,the government should coordinate the rights and duties between all administrative lawenforcement departments. In the area of perfecting the enforcement and practice ofthe specific legal system，China should improve emergency management and publicparticipation system. In terms of strengthening the international cooperation in marineenvironmental protection, the Government should further reference and introduceforeign advanced experience and technology through international exchanges andcooperation. And the Government should constantly upgrade cooperation areas. Theserecommendations for improvement, which are put forward in response to theproblems and deficiencies existing in the Chinese Government’s performance of thelegal duties of marine environmental protection, are specific measures for enhancingthe Government’s legal responsibilities in ocean environment protection.