Research On The Criminal Liability For Ship-source Pollution

In recent years, with the increase of the offshore oil transport, the pollution of the global marine environment became more and more serious. The pollution from Ships is one of the main causes of marine pollution. On the basis of providing the relevant of the civil liability, National laws begin to execute and pay attention to the criminalization of ship-source pollution accidents. This behavior is in line with the trend of the development of environmental law. Our country should understand fully about the international and other nationals’ relevant legislation, and then explore the pollution prevention road which is in line with China’s national conditions.This dissertation is divided into six parts.The first part is the status of criminal liability of Ship-source pollution. This section describes the status quo of global oil pollution incidents, and summed up the trend of the criminal legislation development about ship-source pollution incidents. And then I introduce the criminal legislation situation of international and domestic law laws about ship-source pollution incidents.The second part is the subject of ship-source pollution incidents. This section focuses on the captain, crew and other related natural persons can become the subject of this crime, and the unit can also become the subject of the criminal offense.The third part is about the criminal charges may be involved in ship-source pollution incidents. The ship-source pollution incidents may involve the criminal charges of crime of causing traffic casualties, offense of environmental pollution, crime of negligently causing a serious.The fourth part is the standard of criminal case. This part analysis the criminal limit of the ship-source pollution incidents according to China’s criminal law and relevant judicial interpretations.The fifth part is the shifting problem of ship-source pollution incidents when administrative organ for law enforcement found the case suspected criminal. This article points out the convergence of the administrative organ and the judicial organ of the ship-source pollution cases.The sixth part is the improvement of criminal regime about ship-source pollution. This section proposes the opinions and suggestions about how to investigate the criminally of ship-source pollution from the legislative level and judicial level.