Research On The Criminal Responsibility Of Traffic Crime On Water

Crimes in the field of water transport have been little academic attention, while the attention to the problems of water traffic criminal responsibility in our criminal law scholars are lack. With the development of our water transportation ability and the frequent trade exchanges, the frequency rate of water transportation accident and industry risk is gradually increasing, and the high-risk operations and high-authority water transport have brought great damages to the person, property and the marine environment. But it is difficult for the department of the judicial practice to intervene in the cases suspected crimes which are seriously harm to the water safety. Because the majority of suspected criminal cases are only resolved in the civil and administrative proceedings, the prevention capability of the penalty cannot play a vital role, leading to a situation that the similar accidents always happen again. The escapes of heavy traffic accidents result in a high number of casualties and missing people; ship collision causes marine oil spill which brings about serious pollution of the marine environment, even the ecological damage; the fishermen as the main body to the water mass incidents has seriously disrupted the order of state organs, but because of the hard crime prosecution, the uncertainty of the administrative enforcement agencies’transferring criminal cases, the evident difficulties of the investigation department and other questions, making the crime in the field of water transportation not included in the criminal judicature.Concerning and protecting ocean has been a significant mission of human survival and development. Throughout the current situation of the ocean, it is a sacred mission of the academia to provide the workable solutions of criminal legislation for the water transport criminal and put forward actionable technical standards and judicial path of the water judicial practice. Through the research, look forward to confront many difficult problems in the current water transportation and propose appropriate measures to lay the foundation for building a system of water transportation crime, and make contributions to the establishment of out country’s Maritime Public Law.The paper mainly focus on the water transportation criminal responsibility begins with an introduction which describes the reasons of the author studying the water transportation criminal responsibility, our current research status, the research methods, context and innovation. The text is divided into five parts and seven chapters, as follows:The first part includes Chapter One and Chapter Two. Chapter One the overview of the water traffic crime, combines the definitions of traffic crime from Chinese and foreign scholars and the concept of road traffic crime in the theory of China’s criminal law to precisely define water transportation crime from the general and narrow level and classify the water traffic crime from the perspectives of the traditional Criminal Code. Chapter Two the basic theory of water traffic crime, clearly defines the relationship between the criminal responsibility and other legal responsibilities to lay a theoretical foundation for specific analyzing the responsibility of the common water traffic crimesThe second part is the Chapter Three, analyzes the legal and factual basis of the water transportation crime from the criminal responsibility basis, then reveals the important role the crime constitution played in the water transportation criminal responsibility system. Through the discussion of the current situation of our criminal legislation, analyzes and summarizes the characteristics of our Criminal Code and accessory criminal law, and the real performance of the criminal responsibility clauses depicted in administrative law.The third part includes Chapter Four and Chapter Five, focus on the identification problems of water transportation criminal responsibility. Chapter Four the water transportation’s atypical administrative crimes as the research object, analyzes the criminal responsibility’s problems of some common charges, such as traffic accident crime, major accident liability crime, forced illegal dangerous operations crime; Chapter Five typical administrative crime of water transportation as the research object, discusses the issues on the environmental pollution crime, obstruction of official crime, illegal mining crime.The fourth part is the Chapter Six, focus on the prosecution of water transport criminal responsibility to analyze the questions and difficulties in practice from the transfer and trial of the water traffic violation suspected criminal cases. Analyzes our country’s water transportation criminal cases" transfer from the transfer basis, the transfer procedures and other aspects to find the barriers that makes the suspected criminal cases difficult to enter the criminal justice process; understand the present reality of current water transport suspected criminal cases’trials, uses "the theory of broken window effect" in Sociology to discuss the shipping industry’s opposition on "put the crew into the punishment"The fifth part is the Chapter Seven, from the criminal legislative, judicial, the convergence mechanism of the administrative law enforcement and criminal justice and other aspects, put forward corresponding measures and some suggestions on the existing problems of the current system of the water transportation criminal responsibility,From the social effect of the law, the social value of the Criminal Code is not to punish the already crime, but to effectively control and prevent unhappened crime. The research on water transportation criminal responsibility can more clearly incriminates the water traffic crime standards, legal basis, crime’s identification and accountability. Through the criminal responsibility’s ability of warn, enhance the awareness of safety and responsibility, and reduce traffic accidents due to the human factors. Meanwhile, the criminal penalty role can calm, control the revenge of victims and their families, and then resolve new social contradictions.