Research On The Questions Of Marine Pollution Crime

The ocean is an important part of human life-support systems, a regulator of global climate change, a valuable asset and strategic space of coastal states’sustainable development.With technological development and social progress, the capabilities of marine exploitation and utilization continue to improve, we will face increasing pressure to marine environmental protection, in particular the growing problem of marine pollution, marine pollution accidents occur frequently, reminding we must take seriously the problem of marine pollution, and make efforts to find a solution to protect the marine environment.Bohai Bay oil spill occurred in June 4,2011, which caused a huge environmental disaster, seriously affected the marine ecology and fisheries production, once again sounded the alarm. After the accident, decontamination activities, responsibility pursuit, damage compensation and a series of rehabilitation work difficult, reflecting the legal regulation of polluting marine environment is inadequate. China has formed a whole legislative status to the provisions of that marine environmental protection is in the light of constitution, based on marine environmental protection law, administrative regulations, local regulations, and rules complementing, common adjustment of social relations that appear in marine pollution. This paper analyzes the current civil and administrative law’regulatory effects of the marine pollution crime, coming to the conclusion that we must use criminal law means to solve the crime of marine pollution, and explore how to strengthen the role of the criminal law, to better address the problem of marine pollution.The text is divided into five parts and introduction, introduction describes the research objectives of this paper,analyzes the problem of the marine pollution criminal background, a preliminary indication of the research questions, perspectives and main points; The first part introduces the situation and characteristics of marine pollution crime, and on this basis, analyzes the reasons for inadequate control of marine pollution, specifically including civil, administrative legal effect is not significant, criminal regulation is weak. The second part focuses on the reasons of marine pollution crime into the criminal offense less, mainly including the lack of administrative law enforcement and criminal justice linkage mechanism, imperfect environmental public interest litigation and local protectionism, and the right remedy, proposed the creation of administrative law enforcement and criminal justice linkage mechanism, construction of environmental criminal public interest litigation and combating local protectionism. The third part is a comprehensive analysis of the criminal justice dilemma of the marine pollution crimes, specifically including evidence collection difficult (difficult, difficult to ensure accuracy, high cost) and crime constitution standard fuzzy (subjective aspects and objective aspects) two problems, and propose specific solutions. The fourth part states the criminal penalties structure’s unscientific performance and reasons of the marine pollution, and based on that recommending expansion of the property punishment, increasing qualifications punishment, penalty to extend freedom but not applying the death and importance of non-punitive measures.This paper uses two methods:one comparative study, by studying foreign criminal legislation and the main system against marine pollution, to strengthen the protection of the marine environment by providing criminal legal experience in the specific implementation; one empirical analysis, based on the current situation of serious marine pollution, analysis of the defects in the specification of marine pollution crime, by contacting the actual situation, propose appropriate measures to ensure the operability of the research results.