Marine Ecological Damage Liabiliy System Research

Human history is a history of the development of Marine economy.Now facing global problem of food,energy,resources supplies and the contradictions at the rapid population growth,to speed up the development of ocean resources become the inevitable requirement for the future development of the human energy.In the past decades,China’s Marine economy development were in a rough and extensive mode of scale expansion,not only makes the Marine economy in China facing a dilemma of unsustainable development,also makes our offshore Marine ecologic suffered a serious damage and the threat of injury.In response to the Marine ecological crisis,to construct the sustainable development of Marine economy and the ecological environment,our country has set up a legal system of liability for Marine ecological damage,in the civil law,criminal law,administrative law and other laws,respectively,set up environmental tort liability,environmental criminal liability and administrative responsibility for many pollution enterprises.But the legal effect is limited,not only the strength was too small to attain the goal of punishment,but also it could make our governance of the marine ecological environment into a poor circulation at the end of management.So this topic instead,draw lessons from the successful experience of the producer responsibility system,explore why Marine ecological damage responsibility,how to extend and such problems as how to provision in the legislation,finally set up a Marine ecosystem ecological damage responsibility system to adapt to the characteristics of marine.This article is divided into five parts:The first part,the concept and legal basis of marine ecological damage responsibility.Clear the meaning and extension of the Marine ecological damage responsibility this paper referred to,to review and summarize chines law about ecological damage responsibility.The second part,to found the cornerstone of extension of the Marine ecological damage liability.Retrieval and comb the literature,summarized the theoretical basis of the Marine ecological damage responsibility producer responsibility from the marxist ecological theory,externality theory and the theory of environmental law function evolution,which used to guide the construction and optimization of the Marine ecological damage responsibility system.The third part,interpret connotation and characteristics of the Marine ecological damage responsibility extension system.Compared with producer responsibility system,identify the connotation of Marine ecological damage responsibility system,and summarizes the characteristics of the Marine ecological damage responsibility.The fourth part,the comparison and draw lessons from the foreign experience of Marine ecological damage responsibility.Based on the existing foreign legislative practice,select the United States and Japan the two typical developed countries of the Marine environment law,examine its legislative practice and implementation status.And based on a clear relationship between the Marine environmental law enforcement and economic development,sum up the experience for our country to construct Marine ecological damage responsibility system.The fifth part,to build and improve the system of Marine ecological damage responsibility.First of all,clear the legal principles of Marine ecological governance.Secondly perfect the extension of legal Settings according to the different categories of the extension of ecological damage liability.