Study On The Legal System Of Prevention And Treatment Of The Pollution To The Marine Environment By Coastal Construction In China

Ocean is an important area for living and developing, also for international competing. Due to drastic increase of earth population, decreasing land resources, ocean has becoming one of the last resorts of sustainable development. Our demand for ocean is increasing, so there is more and more coastal construction nowadays.The so-called Coastal Construction, are the construction facilities for coastal protection and coastal zone resources development and utilization of space , which mainly include coastal protection construction, harbor construction, marine use construction, fishing construction, environmental construction . Unreasonable inshore marine works would abnormal erosion of the coastal marine environment, coastal retreat to soil erosion, destroy fish habitat and other breeding grounds, tideland wetlands, mangroves and coral reefs Yangtze River delta, such as various types of ecological systems dramatically reduced, and thus the balance of coastal disorders, natural disaster happen frequently.China has carried out a series of legislative work for preventing pollution as early as 1990, China has published"Administrative regulation on the prevention and treatment of the pollution and damage to the marine environment by coastal construction projects of People's Republic of China". In the 2000,"Marine Environment Protection Law of the People's Republic of China"also involves the prevention of marine pollution project, and put"preventing pollution of marine construction,"as a separate chapter. In practice, China has achieved certain results, making significant contributions to combat marine pollution of the marine environment. However, there are still many problems and obstacles both in practice and theory. For example, the construction of the marine environment impact assessment system, spot inspection system, Public participation system. all of which needs to be strengthened and improved .Since the implementation of China's"Administrative regulation on the prevention and treatment of the pollution and damage to the marine environment by coastal construction projects of People's Republic of China", In the slow coastal construction project pollution of the marine environment has made great achievements. However, there are still significant deficiencies, such as projects require environmental impact assessment of the circumstances."Law of the People's Republic of China on Environmental Impact Assessment"medium concerning the environment influence evaluation the provision of law responsibility is not much. The form of law responsibility also is limited by responsibility and administration law responsibility of the pertaining to crime law, There is no the provision of civil case law responsibility, The law responsibility is too abstract, Lack of maneuverability, Resulting in the imperfection of law responsibility, The management system of the ocean environment and movement mechanism still exist respectively for the government, The traditional mode enforced the law asunder, there is a certain management system deficiencies; The public participates are not enough. Participating of public consciousness not strong, participation is not comprehensive, etc.As the marine environment has unique natural and legal characteristics, Therefore, the project construction, Only on these properties to be seriously thinking, Can better develop marine environmental protection the specific legal system. Facing the rapid development of China's ocean cause, one of the important contents in the legal system of our ocean environmental protection is how to effectively improve the states of coastal construction polluting ocean environments in the respect of the legal system and the practice, and how to effectively use legal measures to protect ocean environments.This thesis will analyze and research specific legal issues with respect to coastal construction pollution prevention and ocean environments. It will firstly introduce the concept of coastal construction and concretely analyze types and dangers of coastal construction polluting marine environments. Then drawing lessons from corresponding foreign legislation, it will analyze the existing legislation and legal system of coastal construction polluting ocean environments in our country and put forward perfect measures and propositions on the base of analyzing the defects of our legislation, which will provide reference for our legislation to design, prevent and manage the practices of coastal construction polluting ocean environments.