The Criminal Control Of Marine Pollution

Marine environment is an important part of the natural environment, and an important foundation of survival and development of human society. It includes marine waters, seabed, the air space above sea surface, the coastal areas and estuarine areas which is closely related to the marine and influence by marine. "Pollution of the marine environment" is defined as substances or energy which are directly or indirectly dumped into the marine environment by human written by "United Nations Convention on Law of the Sea", these pollution include estuary, they can cause or might cause deleterious effects like harming living resources and marine life, endangering human health, preventing fishing and other marine activities with legitimate uses, damaging the water quality and eating up the daintiness of environment etc.. Marine pollution is a major important problem which the international communities are facing. Ocean creatures are not the only victims of contamination, human beings are the ultimate victims. In recent years, the reports on the quality of the marine environment showed that the continued deterioration of the marine environment, which exposured the there are some problems in our environmental legislation.The current criminal law in China did not set up marine pollution crime, it prescribe the acts of serious pollution of the sea based on the specific circumstances of the crime of major environmental pollution accidents. Criminal Code Amendment (viii) made a mend to the major environmental pollution accident, it reduced the threshold conviction of environmental pollution and increased the punishment of the marine environment to a certain extent. However, there are still many problems in our legislative on marine environment. most offenders who against the protection of marine environment are assumed administrative responsibility, but not be subjected to criminal penalties.The main reason can concludes that there are many imperfections in the criminal legislation of the marine environment. Existing criminal legislation does not establish the crime of marine pollution, although the serious pollution of the marine environment for the conduct constitutes a criminal offense was set up, it is not one case which must be held criminally responsibilities who caused serious consequences because of pollution of the sea, and the legislation has not committed acts of punishment and Dangerous which will also pose a threat to the marine environment or have a serious impact on it.Many coastal countries are made requirements in the criminal legislation on the pollution of the marine environment, such as the United Kingdom, Russia, Singapore and other countries, they set up the Penal Code on the crime of Marine Pollution; the environmental criminal legislation in Japan, the offenders will be held the responsibilities if the investigation prove he do something for potential damage of Marine Pollution; Russian Criminal Code also applies to the establishment of a special crime of torture which is deprived of the criminals qualifications as a job or engage in certain activities. There are some legislative experiences that we can learn from, such as the establishment of marine pollution, crime, punishment in criminal and other additional special qualifications. China's current legislation on the protection of the marine environment directly reflected in the "Marine Environmental Protection Law", the pollution of the marine actors mostly be held executive responsibility. So, it is necessary to improve the criminal legislation of marine pollution to meet the current needs of the marine environment protection.