Study On The Legal Problem Of Combating Marine Pollution Of The Marine Environment In China

Marine pollution has not only caused extinction of a large number of marine life in the waters and poison, producing a huge material losses directly, more important is because of the food chain will have on human health cannot assess the potential damage. Accompanied by the increasingly frequent in China Ocean shipping, ship the risk of oil spills is also gradually increasing. According to the findings of the maritime sector in China, Changjiang estuary and the estuary of the Pearl River and the Bohai Bay and four area of economic activity, including in the Taiwan Strait is the current four major oil spill pollution accident by ship along the coast there is a high risk area. According to the maritime sector statistics,1973-2006,2,635total size of ships along the coast oil spill accident in China, major ships with more than50tons of oil spill oil spill a total of69, total volume of oil spill37,077tons, average of two per year, an average of537tons of oil spill pollution accident, oil spills each year an average of about1685tons. Prevention of pollution from ships, of the protection of the marine environment and its important significance.Prevention of pollution from ships must be based on the legal system as a guarantee. Although China has introduced a number of domestic laws relating to prevention of pollution from ships, but legislation is too complicated, some laws and regulations even where there is conflict. And still do not have a special law on prevention and control of pollution from ships, while the2010State Council promulgated the regulations on the prevention of pollution from ships of the marine environmental management, both in the law on the order of the Ordinance, is also on the content is not enough to fit in and control of ship pollution damage in China’s national conditions. For example, although the Ordinance stipulates the need to establish a Fund for compensation for oil pollution damage from ships, but for the Fund’s management, but has yet to introduce appropriate rules. And the pollution prevention and control system in China and foreign countries is relatively weak compared to some developed countries, so as soon as possible perfection of legal system of prevention of marine pollution by ships.First of all, this article from the start with the current situation of China’s marine pollution of the marine environment, clarify the types and characteristics of marine pollution, marine pollution hazards of specified. Later analysis of the relevant domestic legislation of China on prevention and control of pollution from ships, identifying legislation in China’s current legal system, law enforcement systems, and pollution problems in responsibility compensation mechanism. By acceding to international treaties in China and foreign countries such as the United States, and Canada, the EU and other countries or organizations for the analysis of the legal regime of prevention of pollution from ships, that need to legislative measures, the mechanism of compensation for pollution damage in China, integrated management mode and need to draw conclusions. Finally in issue analysis and on the basis of experience, in legislation, law enforcement system and pollution liability, compensation mechanisms make perfect our legal system and combating marine pollution of the marine environment strategy.