The Criminal Control Of Marine Environmental Pollution In China

The vast expanse of the sea is a huge treasure house of resources,and the birthplace of the earth's life.In 2011,the Accident of the "ConocoPhillips Oil Spill",caused a huge and sustained damage of the ecological and fisheries economy in Bohai.However we don't have a complete legal system and punishment measures to protect marine environmental.It is urgent to take legal measures and other measures including criminal law to protect the marine environment.Based on this situation,this paper starts with the basic definition of the "Marine Environmental Pollution".and analyses the definition,types and characteristics of that.This paper holds that the civil liability and administrative responsibility of the commitment is not enough to completely fight the serious pollution of the marine environment.And the criminal law must be involved in the field of Marine Environmental Pollution.The definition and constitutive elements of Marine Environmental Crime in China is also discussed.Then the existing Marine Environment Protection in China's criminal legislation and judicial deficiencies are also analyzed.In the last part,this paper puts forward some opinions on the perfection of criminal law protection of Marine Environmental Pollution,in order to against the crime of Marine Environmental Crime.This paper is divided into the following four parts:The first part,in this part,the concept,characteristics,types and the present situation of Marine Environmental Pollution in China is expounded.The second part,in this part,the necessity of the crimina law to punish the behavior of Marine Environmental Pollution is introduced.We talk about the necessity from two aspects:the protection of the marine ecological balance and implementing the strategy of marine power.The third part,in this part,the criminal legislation of marine environmental pollution in China and its Countermeasures are discussed.The evolution of criminal legislation and criminal charges in the current Marine Environment Pollution are included,and the problems and the countermeasures of the crime of polluting the environment in the field of Marine Environment Pollution is expounded.The fourth part,in this part,the problems and countermeasures of judicial practice in the field of Marine Environmental Pollution are discussed.Take the Accident of the ConocoPhillips Oil Spill for instance,the standard of punishment in the field of Marine Environmental Pollution is discussed.