Analysis On Legal Problems Of Prevention Of Marine Pollution From Land-based Sources

Since the 20 th century,oceans have become the focus of world attention.With the proposed eighteen maritime power strategy,exploring resources,wealth,growth,environment and space from ocean is the inevitable direction of development of marine economy,and marine economy is an important pillar of China’s economic development.But the growing marine pollution become a outstanding problem.The total amount of pollutants into the sea is almost 80 percent of all marine contaminants from land,and land-based pollution does damage to marine ecosystems and human health.In order to improve our environmental land-based sources of marine pollution control legal system,Since the nineties of last century,China has began to pay attention to land-based pollution,promulgate the "Marine Environmental Protection Law" and "prevention of land-sourced pollutants Pollution Damage to the Marine Environment",amend "Marine Environmental Protection Law " in 1999 and 2013.But the "Marine Environment Quality Report" shows that marine environment pressure is not reduced and become much worse.That let us re-examine the existing land-based pollution prevention and control laws or regulations,land-based pollution to remove the legal system itself is not perfect.In addition,the execution of land-based pollution laws and regulations also contributed to the problems of poor land-based pollution prevention.Explore the legal issues in land-based sources of pollution control by literature,comparative studies,dialectical and historical materialism.It includes four parts:firstly,a brief introduction to China’s marine environmental pollution,which leads to land-based sources of pollution becoming China’s marine environmental pollution biggest "killer".Then define the basic elaborate land-based sources of pollution and introduce the reality of the marine environment.After those,explore the legal grounds for combating land-based pollution in law deeply;Secondly,discuss the legal status of land-based pollution prevention and control.Introduce the uncoordinated legal system of the marine environment and legal system focus on a series of problems.marine pollution control system lacks enforceable targets,and it is difficult to clear liability and coordinate with governments.Emergency pollution accident reporting system is not perfect in preventing pollution,and the punishment of enterprises after the accident is low.Besides,the government target responsibility system immature and marine ecological compensation system are not established.Thirdly,elaboratemarine environmental land-based sources pollution status in international community,including the international community and representatives.Introduce the major treaties of the international community signed and legislation and law enforcement in United States and Japan.Summarize experience land-based pollution prevention and control of the international community.Finally,according to the legal practice of our country and the experience of international land-based pollution prevention and control,the above-mentioned legal problems how to be solve.