Research On The Criminal Difficulties Aroused By The Vessel's Oil Spill Pollution Behavior

The number of vessel's oil spill pollution accidents has increased highly,and so the seriousness of the pollution does.Civil law and administrative law cannot prevent it.The 21st century is called as "marine century",marine economy is becoming the new force for the global economy.Chinese government put forward "Marine potestatem" as marine development goal,marine economy faces challenges,the continually ocean transportation make the vessel's oil spill pollution more serious,threatening the balance of marine ecosystem,it is necessary to regulate vessel's oil spill pollution behavior by criminal law.But there is no independent crime about marine pollution in Chinese penal code,the maritime Administrative law enforcement organ blocks the pollution crimes were accused,there are few pollution behaviors were charged in judicial practice,it make the marine environmental protection and sustainable development of marine economy in our country at a disadvantage.In this paper,by analyzing the particularity of vessel's oil spill pollution behavior,finding the defect about existing criminal legislation,referring to the external criminal legislation,putting forward suggestions for perfecting the existing criminal legislation.There are five parts in the paper.The preface covers the background of the theme.The main body of the paper is consisted of four chapters.The first part is the necessity use criminal law to regulate vessel's oil spill pollution behavior.The second part is the legislative defect and perfecting suggestion about accusing vessel's oil spill pollution behavior.The defects include Chinese penal code lacks independent crime to protect marine environment;the threshold of charge is too low;the crime and punishment does not match and crime in a single type of penalty.The suggestions include set an independent crime and match crime and punishment.The third part and the fourth part are the key part of the theme.The third part studies the theoretical difficulties of accusing vessel's oil spill pollution behavior.The fourth part discusses the solution of joint negligence criminal responsibility of vessel's oil spill pollution.Firstly,analyzing the theoretical basis of joint negligence crime and resolving the disagreement on the principle of management and expounding the criminal responsibility's basic theory about joint negligence crime.Then affirming the criminal responsibility and partitioning it.In the end,the issue about vessel's oil spill pollution needs to be settled fundamentally.