Criminal Responsibility Of Law Enforcement Ship Collision

The safety of the water transport is very important for coastal countries and landlocked countries, because the water transport is the most convenient and economical method. Ship collision, one of the maritime accidents, is the direct threat to maritime security. With law enforcement ships, it will also cause damage to life and property. With the deepening of the national Marine strategy, maritime law enforcement capacity upgrades quickly, China spent2.5billion on building5new3000tons and4new5000tons law enforcement ships in2013, giant law enforcement ships with strong defensive and offensive will cause serious consequence after colliding, then ship collision causes the attention more and more, the difference is that the legal consequences of law enforcement ships collision in different countries have different processing modes. Such as Japan, Italy and other countries, the legal responsibility of law enforcement ship collision is made provision in Maritime Law, Maritime Law adjusts directly their administrative responsibilities, civil and criminal, because of their administrative legislation are scattered type, administrative committed crimes and statutory punishment are distributed in the Economic Law and Administrative Law. While Libya, Argentina and other countries explicitly rule out this part of the ships in the Maritime Law, however, once these ships collided, there will no rules for them.Our country is the case.This paper mainly by using the method of comparative analysis, by comparing the questions on the legal liability of ship collision in Maritime Law, concludes that the reasons and dangers of law enforcement ship collision and merchant ship collision are basically the same, together with law enforcement ships are in the nature of business, representing the image of the national public power, therefore it is necessary to require the law enforcement ships bear the same legal responsibility for the improper collision. In fact, the law enforcement ships and the ordinary ships are different in effect, but the legal responsibility of ship collision should be studying. According to the Criminal Law, ship collision suspects traffic accident crime, the crime of major liability accident, homicide (indirect homicide) and other charges of endangering public safety and personal rights, whether these charges are directly applicable to investigate the criminal responsibility of law enforcement ship drivers and relevant staff is not legislation, but the administration of justice. This paper argues that, it is necessary to investigate the criminal responsibility of law enforcement ship. Of course, the occupational risks of law enforcement ship has long been a consensus, even as a reason for exemption, if insisting that shall be investigated for criminal responsibility of the law enforcement of collision without considering all kinds of "unexpected" and "force majeure" ground of relief also does not conform to the modern rules of law spirit. Therefore it is necessary to take full account of the law enforcement ships under the premise of exemptions to punish law enforcement fault behavior.