Legislation Research On The Crime Of Polluting The Marine Environment

With the progress of science and technology,the exploration of the ocean is expanding which caused the pollution to he marine environment is getting more and more serious.Marine pollution directly endangers marine ecology,and the long-term existence of pollution makes it difficult for marine ecology to recover itself.Serious marine pollution will damage human property interests.After a certain period of accumulation,it may even harm human health,so the behavior of polluting marine environment should be punished by the criminal law.Risk society requires the legislation to be preventive,however the traditional environmental criminal law cannot play a role in the criminal prevention of the crime of polluting the marine environment.In the criminal code of China,all kinds of intentional pollution behaviors are regulated by the crime of environmental pollution.Under the concept of anthropocentrism legislation,the time of the crime of environmental pollution involved in the crime is relatively late,only the intentional pollution of the marine environment and the "serious pollution of the environment" behavior will be punished by the criminal law.The crime of pollution of the environment ignores the special attribute of marine pollution.The crime of pollution of the marine environment not only has many forms of fault,but also causes the damage result to be difficult to identify and the causal relationship to be difficult to prove.Therefore,it is very difficult to regulate the crime of pollution of the marine environment by criminal law in judicial practice,and the criminal law of the state on marine pollution has no obvious effect.Therefore,it is quiet essential to expand the category under the crime of polluting' the marine environment,and clear the definition.To set up the crime of polluting the marine environment,it should be started with the key points of of the crime combining with its features and commonness of other environmental pollution crimes:The legislation should not be limited to the framework of the traditional criminal law,but innovate the concept of legislation and try the mode of special criminal law to regulate the crime of polluting the marine environment and really control it.There are four chapters except introduction and conclusion:the first chapter states the existing legislation status of the crime of polluting the marine environment,analyze its imperfections.The existing system has some defects on legislative conceptions,doctrine of liability fixation and the penalty.It will be helpful to add some charges to control the crime of polluting the marine environment The second chapter,based on the suggestion to add the charges,state the necessity and obstacles in achieving that.The third chapter focused on how to learn from foreign legislation.Comparing different legislation,like American,Japan,Germany and Russia,and analyzing its diversity,this chapter concludes legislation experience from foreign countries.The last chapter brings out some suggestions to optimize the legislation on the crime of.polluting the marine environment in China,and makes a normative statement of the accessory criminal law on the marine environmental crime based on Marine Environmental Protection Law.It is impossible to guarantee the definiteness of criminal law to evaluate land pollution,ocean pollution,air pollution and other kinds of crimes with a single charge.The crime of polluting the marine environment has special.attributes because of the sea.The criminal law deals with the crime of polluting the marine environment should consider the special attributes,and add it a independent accusation can improve the effect of governing crime of marine environmental pollution.In order to add the crime of polluting the marine environment to the criminal law,we should choose the legislative mode of accessory criminal law and pay attention to the balance of the relationship between the crime of environmental pollution and the crime of marine environmental pollution.In addition to the crime of marine environmental pollution,we should abandon the pure anthropocentrism in legislation,take the ecological legal interest as the primary interest of criminal law protection;expand the criminal law to punish the act of polluting marine environment by negligence;pay attention to the application of fine penalty,and reasonably allocate the statutory penalty.