Study On Legal Regulation Of Marine-Pollution Treatment

The twenty-first century is the century of the ocean, during the process of exploiting and utilizing the marine resources, the activities of human will inevitably bring about the marine environment pollution and damage. With the increase of environmental awareness, people have come to understand the fact that the kind of "treatment after pollution" model of development to deal with environmental problems is wrong; People begin to change their traditional ideas, considering the adoption of precautionary measures in advance to prevent the emergence of environmental issues is the fundamental solution. This idea appears in the field of environmental management and gradually spread into the national environmental legislation and policies and begin to take root a foothold. Since the end of 70's early 80's of the 20th century, we realized the importance of the principle of prevention of extremely necessity from an environmental problem caused by huge losses and damage in society, and since then the work of legislation and fully implement the "prevention first" principle . When faced the pollution of the marine environment has been created, we need to take remedial measures. However, the concept of our country under the principle of prevention of marine environmental protection legal system focused on the prevention of marine pollution, there is no balance between prevention and governance has been the relationship between patients. This legislative system to demonstrate in practice for the problem is that there is indeed a relatively sound legal norms arising from pollution of the marine environment, however, the marine environment or the problem will be taken at the prevention, early warning, monitoring and other measures, where they appear. Marine pollution, which is inevitable occurs, how effective governance according to law has become difficult.This article first analyzes Marine pollution through the status and severity, pointing out the need for management of marine pollution. Chapter two analyze the marine pollution control system and the Legislative Council of the status quo, our country on the current legal system of marine pollution legislation cited analysis of the current situation and pointed out that the question of its existence. Chapter three Analyze the marine pollution control organization who is required, who is going to management, and who is the implementation of pollution control. The pollution control is different from the body of pollution dealing, Governance refers to the main duty law obligations in accordance with the law the main responsibility of governance, which has a legal duty to protect the duty, Non-fulfillment can not be; The main governance are the main duty by law to engage in the actual governance of the commission's main job. Distinguish the difference between the two concepts; the author holds the view that the responsibility of management of marine pollution, including pollution should be the responsibility of the principal and the two categories of persons, and to analyze the reasons and the existing legislative system in the main specification of the existence of the duty question. Chapter four Analyses the marine pollution control costs and funding sources, the cost of pollution control the types of analysis and understanding of the source of funds for pollution control analysis of the norms of reasonable means of funding sources to make recommendations. Chapter five of duty on marine pollution control carried out research on marine pollution in the process of the main duty, the type of duty, responsibility approach is studied. The last part of article on China's marine pollution control laws to improve the recommendations made by the system, Include: Improve the legislative system of marine pollution control construction; place to strengthen the coastal legislation; configuration legal duty; to build a marine pollution control management system for law enforcement; the main pollution control norms and management; management of funds, the cost of management; settings the proceedings of the control system, highlighting the role of procedures; established public participation in marine pollution management system.