| Being rich in natural resources, ocean can provide various food and mineral resources. With the deepening of economic globalization, human beings start to focus on the ocean since the gradual exhausting land resources can not meet the demands of rapid economic development. With the rapid development of oil exploitation and manufacturing, human beings begin to exploit marine resources in an unprecedented way and during the exploitation, many people pursue economic profits at the expense of ocean environment which has led to serious environment pollution and damage. Frequent ocean pollution has always made people worried. Bohai sea oil spilling happening in June,2011urged people to have serious thinking and discussion about ocean protection. Anyone who breaks the regulations of ocean protection will be held responsible. The key point of law application is to investigate the legal responsibility of lawbreakers; otherwise the law would not become the guarantee of state coercive forces and lose its meaning and value. With the frequent ocean pollution, it is of vital importance that the victims can get timely relief and the study on legal liability of marine pollution has been paid great attention. On16, December,2009,"China Tort Liability Law" was adopted with its special regulation on environmental pollution liability and it will play an important role in constructing a fair and just liability system on environmental pollution. Thus a further study of the legal liability of ocean environmental pollution will have great significance for further perfecting the legal liability system. The dissertation analyzed the defects and flaws in the current legal liability system on marine protection comprehensively and raised the relevant strategies, hoping to arouse the attention of relevant authorities so to perfect the current legal system. We need to protect our ocean environment as well as develop economy so to benefit the country and people.This dissertation is comprised of four parts:the fist part introduces the meaning and categories of environmental legal liability; the second part analyzes the flaws and shortcomings in the current ocean executive liability system and puts forward some strategies. On the shortcomings of legal liability of executive subjects failing to perform its obligation on ocean environmental information publication, suggestions are proposed to increase the responsibility of executive subject publicizing ocean information and build legal relief regulations of public right of ocean environment awareness. Regarding the drawbacks of administrative responsibility of ocean pollution, suggestions are raised to increase administrative penalty, enlarge punishing scope, and increase punishing category; the third part discusses the flaws in civil liability of marine protection and comes up with some advice. Problems include difficulties of fishermen testification in personal compensation for damages, undefined ecological damage component, institutional obstacles in compensation lawsuit and lack of law regulations in compensation scope, standard, process and management of compensation fund. Concerning these problems, advice is made to make adjustment on ocean protection and introduce environmental common well litigation, liability insurance system, and fund system of compensation for oil damage. Thus we can solve compensation problems, provide complete and practical legal assistance to victims in ocean pollution, give reasonable examples for right request and realize ocean economic sustainable development; the fourth part discusses problems of backwards legal interpretation of environmental crime standard and untimely modification of relevant legal regulations in the aspect of criminal responsibility in ocean protection and puts forward suggestions on introducing new legal interpretations, revise relevant regulations and increase punishing categories of pollution crime. |
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