Research On Criminal Legal System Of Oil Pollution Caused By The Ship Collision

Nowadays, the problems of marine environmental pollution have attracted extensive attention of society. According to the statistics of relevant data, thirty five percent of marine environmental pollution is ship oil pollution. Among them, the main cause of the oil pollution is ship collision. It threats the marine ecological environment. Artificial controllability in process of ship driving decides over fifty percent of ship collision is about human factor. So, it is necessary to investigate the criminal responsibility of relevant persons in oil pollution caused by the ship collision cases. Criminal law, as a special social control manner, plays a very important role in protecting marine safety and achieve the functions of the state. It is necessary to punish related personnel in oil pollution cases which are caused by ship collision in penalty means. Besides, it is also necessary to carry criminal penalties for protecting the security of marine environment, protecting judicial justice and protecting personal rights and interests. Existing conditions of prosecution of our country and the teaching of international and interregional legislation supplies feasibility for carrying criminal penalties. Especially, criminal legislation of China fails to pay much attention to ship pollution accidents, which leads some negative results, such as the absence of consistent law standards in judicial adjudication. In the author’s opinion, the research on criminal responsibility of oil pollution caused by the ship collision can establish the consistent law standards in judicial adjudication, so as to direct judicial practices. At the same time, we need to solve the obstacles in the process of investigating criminal responsibilities.The article, consisting of four parts, is about researching on criminal legal system of oil pollution caused by the ship collision. The first part introduces the damages and judicial actuality of oil pollution caused by the ship collision. These damages include the hazards of marine ecosystem, personal health and related industries. The second part explains the necessary and feasibility of investigating criminal responsibilities of oil pollution caused by the ship collision. To protect the security of marine environment, to protect judicial justice and to protect personal rights and interests decide its necessary. Existing conditions of prosecution of our country and the teaching of international and interregional legislation decide its feasibility. The third part is about the criminate of these cases, it includes traffic offences, environment polluting offences and so on. The last part is about the perfection of the mechanism of investing criminal responsibility. It enriches the relevant theoretical basis under the guidance of penal modesty. At the same time, it gives suggestions about judicial barriers and adds qualification punishment.