The Improvement Of Marine Pollution Prevention Law Authority Of The Maritime Bureau

The ocean is an essential part of the Earth’s life-support systems. On the one hand, it plays a huge role on adjusting the environment and climate in which we live sustaining our survival. On the other hand, it contains large amounts of resources supporting our development. However, with the rapid development of the science and technology, the ocean has been suffered from different levels of pollution and destruction in recent years. Far from the U.S. Gulf of Mexico incident to nearly China’s Bohai Bay oil spill incident, are both typical incidents of marine pollution. Compared to American’s centralized marine enforcement system, China’s seems to be decentralized. Once the problem has occurred, the consequences are quite serious. Therefore, making clear sea-related terms of reference of the executive authorities and improving law authority comes to the first place.This thesis regarded Maritime Bureau of China as the center to elaborate its authority, one of the main portion of China’marine pollution prevention system. Maritime Bureau of China is the Bureau which is under the leading of the Ministry of Transportation and Communications. And it was formed by the merger on the basis of original Harbor Superintendency Administration and the Ship Inspection Bureau. The reason for choosing the perspective of improving Maritime Bureau’s authority on anti-pollution laws in the ocean is mainly about that it occupies a pivotal position for protecting and governing the ocean environment. This thesis begins with the analysis of the theory of Marine Bureau authority primarily related to the basic theory including: Service theory, dominating Right theory, and Administrative Responsibility theory. Simultaneously, attention is paid to combine the subjective practice on marine pollution prevention in three countries:United States, Japan and South Korea. After learning experience from it, a standard of marine pollution which the Maritime Bureau deals with is put forward in this thesis. Considered the concretization of this standard and compared with the strength and drawback on marine pollution prevention of Maritime Bureau of China, advantages of the performance of their duties are briefly introduced and disadvantages are analyzed with cases in detail. Conclusion is received by means of analyzing practical exercise of marine pollution prevention in foreign countries associated with China’s deficiency. And further suggestions for improving the legal responsibilities of marine pollution prevention which our Maritime Bureau is facing are made in this thesis. These proposals are related with three aspects:improving the legal basis, establishing coordination mechanism and improving law enforcement.