Research On Criminal Responsibility Of Ship-source Pollution

Nowadays, countries in the world all pay more attention to the protection of the marine environment in the marine economy. Because of the seriously polluted marine environment, besides of the social economic development, in the meanwhile, many countries in the world has also paid attention to taking the natural environmental protection of criminal legislation. Ship-source pollution is a major marine pollution, people shall bear criminal responsibility for it. And this has gradually become a kind of consensus of the international community.But there are still many shortcomings and deficiencies of criminal law in the protection of the marine environment in China. As to our country present marine environmental law enforcement and judicial situation of marine environmental crime, the root causes of ineffective is not entirely "may not" and the criminal legislation of neglect. The problem lies in the interconnection of criminal responsibility mechanism is not close enough, and due to insufficient crackdowns for ship pollution in actual judicial practice. Therefore, improvement of marine pollution from ships related with environmental criminal law, administrative law enforcement, serious scheduled transfer case, the timely intervention of criminal justice means, effectively enhancing the operability of marine pollution cases is the most important to solve the problem.In China, judicial system is mainly investigating the civil liability and administrative liability of the perpetrators of ship-source pollution accident, criminal liability is rarely invested in the case. And in this respect, the foreign judicial practice is indeed better. However, for the growing pollution incident of ships, only by civil and administrative means is not sufficient to demonstrate the justice and deterrence of law. So the criminal legal means is necessary in this time. This article tries to trim the related problems about criminal responsibility of ship-source pollution, find out the deficiencies of the criminal legislation and judicial practice for ship-source pollution accidents and propose the corresponding countermeasure.First, this article clearly defines the research scope, i.e., ship-source pollution in this paper is limited to the sea, not including inland water. In addition, ship-source pollution includes emissions pollution and impact pollution. The main pollutants are solid waste, waste water containing oil and the collision caused by oil spill and leakage of dangerous goods on board and so on. This paper will combine Chinese and foreign specific case to conduct a detailed analysis, tries to find out the deficiencies in legislation and judicial practice of China, and give some suggestions on criminal legislation and the mechanism of investigating criminal responsibility.