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Research On Criminal Legislation Of Marine Pollution In China

Posted on:2021-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:W Y LaiFull Text:PDF
GTID:2416330611992624Subject:Law
Abstract/Summary:PDF Full Text Request
The issue of Marine ecology is very important.Marine protection is related to the orderly development of economy and the harmonious progress of human society.Due to many factors such as economy,politics.Due to the domination of the relevant administrative departments,when the Marine pollution accident happens,criminal sanctions tend to be replaced by those administrative penalties which are more superficiality,and temporary.They may be involved in processing the negative response even being refused to cooperate by those law breakers.It’s not conducive to the protection of the Marine environment.Thus,it is of great significance to investigate the criminal responsibility of maritime rights,which is concerned to be of vital importance by the society.The Marine environment is of great significance,and it is of great significance to crack down on Marine pollution crimes and safeguard the Marine environment.Because of its complexity,it has always been a problem that needs comprehensive consideration and response.In this paper,the author used literature method,comparison method,interdisciplinary approach to research the Marine pollution problems,including environment criminal activity legislation,perfecting the legislation of operability,etc.,to help better understand the legislation of Marine environment pollution problem,improve the capacity of criminal law in dealing with the Marine pollution,protecting both the Marine pollution control and the better construction of the peaceful marine environment.In the nutshell,marine pollution legislation can promote the orderly development of the Marine ecology and promote economic development.The first part of this paper starts from 2 typical cases to study the current management practices on Marine pollution issues,including "conocophillips case" and "Qingdao 11.22 case",focusing on the Marine pollution criminal legislation related to each case.Then by sorting out and summarizing the empirical data and characteristics related to the illegal acts of Marine environmental pollution,this paper analyzes the current situation of Marine pollution in China and the existing experience and deficiencies in the regulation.The second part of the article briefly analyzes the current legislation on Marine environmental pollution in China from the perspectives of the legislative system and the way of imputation and punishment,and focuses on the existing problems,including the imperfect legislative system,the rules and principles to be further clarified,the relatively single penalty method and so on.The third part of the article emphasizes the necessity of perfecting the criminal legislation of Marine pollution in China,including the defects of civil compensation and administrative compensation,and the necessity and urgency of perfecting the criminal penalty in the context of increasingly severe and complex Marine environmental problems.The forth part starts from the administrative theory of criminal,which is the theoretical basis of Marine pollution criminal legislation,and tries to discuss the support to the perfection of Marine environmental pollution legislation.The fifth part mainly deals with the improvement of Marine pollution criminal legislation,including the reform of the legislative system,clear rules and principles,and various forms of punishment.
Keywords/Search Tags:Ocean pollution crime, Criminal legislation, Ocean protection
PDF Full Text Request
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