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A Study On Consummation Of The Environment Law Systems In The Sea Transportation Of The Dangerous Goods

Posted on:2008-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166360212481464Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
China is one of the big shipping and ocean countries in the world. Since China owns broad waters and rich ocean resources, the ocean economy has the vast development foreground. However, in recent years, along with the fast fierce development of the foreign trade, the number of the ships which move back and forth between each seaport of China increases gradually. This situation makes the occurrence probability of the pollution in the sea increase, especially in the sea transportation of the dangerous goods, which brings serious threat to the ocean ecosystem environment of China. Contrast to the booming development of the lawmaking and study of the oil pollution in the sea, China obviously disvalues the pollution in the sea transportation of the dangerous goods. She over-emphasizes to the administrative and the technical means and neglects the important function of civil law and criminal law, which makes that there are a lot of problems in the treatments to the pollution in the sea transportation of the dangerous goods. It's disadvantageous to the protection of the ocean ecosystem environment and the continuable development of the ocean economy. Therefore, the consummation of the environment law systems in the sea transportation of the dangerous goods seems to be very necessary.This discourse takes the current environment law systems in China as the point of start. It contrasts the domestic and international related systems, then finds and analyzes the key problems and the shortages of the current system. Finally, the author gives some law advices, mostly from civil law and criminal law, in order to dedicate to the protection of ocean environment.The dissertation is composed of 6 chapters besides the foreword and the conclusion. Chapter I is an analysis concerning "dangerous goods" concept, which defines the scope of the "dangerous goods" that this dissertation discusses by contrast with the other resemble concepts. Chapter II emphasizes to discuss the environment problems in the sea transportation of the dangerous goods, and points out the necessity and urgency of strengthening the environment protection. Chapter III carries on the meticulous analysis to the reasons of the environment problem in the sea transportationof the dangerous goods from technique, management and law, and emphasizes to elaborate the main shortages that exist in civil law and criminal law. Chapter IV puts forward the homologous lawmaking suggestions. At the civil law aspect, this discourse attaches importance to the problem of the pure economic loss and environmental loss, and puts forward the following suggestions: the compensatory scope of the pollution in the sea transportation of the dangerous goods should be extended and definite; we should build up modern indemnity mechanism of the pollution, which includes the civil indemnificatory responsibility, responsibility fund, compulsory insurance, etc. At the criminal law aspect, this discourse thinks most of the environment crimes in the current criminal law are consequential offense. In order to enhance the preventive effect of the criminal means to the pollution in the sea transportation of the dangerous goods, the author suggests increasing potential damage offense and consummating penal sum.
Keywords/Search Tags:Dangerous Goods, Compensation for Damage, Pure Economic Loss, Potential Damage Offense
PDF Full Text Request
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