Study On The Standing Of The Procurate Organs In The Civil Action About The Marine Ecological Damages

The ocean, an important enviro human's existence and development, has been providing massive materials and services. However all kinds of pollution accidents have seriously damaged the ocean system, and brought terrible economic losses to human beings. Section 2, Article 90 of China's Marine Environmental Protection Law provides for the legal remedy for marine ecological damage. But due to the too simple provision of this clause, many issues arising in practice. So, it is urgent to establish a set of new rules on marine ecological damage in China.This paper includes the theories and practices in the issue from other countries. Compared with the administrative organs and the citizens, legal persons or other organizations, the procurate organs are better to be the plaintiff in the civil action of the marine ecological damages. The division of labour in the administrative organs is not clear and the situation will not be helpful to work out the problems in the marine ecological damages. They also seek private gains through their power. The citizens, the legal persons or other organizations are always weaker than their opponents in the court. The imbalance situation will make the plaintiff nervous and be harmful to the end of the civil action. The procurate organs are better in the situation above.But there're several problems when the procurate organs are in the action as the plaintiff. A number of valuable suggestions are put forward to deal with the disadvantages from the procurate organs in this paper, with the aim to provide an effective legal remedy for marine ecological damages and to establish a set of new rules on marine ecological damages in China. According to the suggestions in the paper the marine ecological will be protected from the pollutions.