The Study Of Criminal Legislation Of Protect Marine Resources

The ocean is the second territory of our country. Nowadays, with the populationincreasing, the land resources decreasing and the environmental problems worsening,people began to turn their gaze into marine resources. As we all know, because of thepredatory mining of land resources, there has been a profound impact to our life. Manyresources need a long time to recovery from now on. Similar to the terrestrial resources,the marine resources seems endless, but in fact it is not an admission of endless andinexhaustible treasure trove of resources. Under the trend of people gradually began toshift to exploit the marine resources, the protection of marine resources has becomevery important. Our Administrative Law provisions a series of laws to protect themarine resources, but the behavior of destroy the marine resources is still growexponentially. This means just relying on administrative can’t prevent the behavior ofdestroy the marine resources, and since the destruction of the seriousness of theconsequences of the marine resources, we must regulate this behavior by the CriminalLaw.This paper is divided into four parts. The first part discusses the problems of themarine resources, I think the main problem is the unreasonable exploitation of marineresources, marine pollution and the marine resources security is serious. Then discussesthe need for Criminal Law to protect the marine resources, namely why we have to usethe Criminal Law to protect the marine resources. I think there are three reasons, thefirst is marine resources has its own value, the second is the badly consequence whenmarine resources has been destroy, the third is other means of protecting marineresources is insufficient. The second part of this paper focuses on the reasonableness ofthe Criminal Law to protect marine resources, in other words, what is the theoreticallysupport of use Criminal Law to protect the marine resources. In this part, I begin withthe humanity default of Criminal Law, then discusses the process of the humanitywhich come into the legislation vision. I come up with an idea that when we docriminal legislation we must change from anthropocentrism to both anthropocentrismand eco-centrism, and finally discuss the rationality of the criminal law to protectmarine resource from value level. By discuss the necessity and reasonableness, weknow that the criminal law should be protect marine resources. So I begin to compare the relevant provisions on the protection of marine resources in the third part. AlthoughChina’s national conditions is different from foreign countries, but we can still absorbthe reasonable portion of their work for us. In this section, I mainly from four part to doa comparative study, such as the legislative ideas, protection of legal interests,constitute a crime, the penalty applies. Then we can know what is the insufficient ofour criminal law. I come up with some ideas in the fourth part. In this part, I think wecan make an improvement from both in macro and micro aspects. In the macro aspect,ecological protection should be focus on the legislation. In the micro aspect, I think wecan improve our criminal law in eight areas, such as introduce the principle of strictliability, reflect the principle of presumption of liability in legislation, formulateperilous and aggregated consequential into pattern of crime in related offenses, adjustthe crime constitutes in related crime, adjust the fine penalty provisions, addingqualification punishment, pay attention to the non-penal measures applicable andproposes the creation of the crime of destruction of marine resources.