The Legislative Improvement of Criminal Responsibility Accountability in Marine Pollution
Along with global development of sea transportation, oceanographic engineering construction increases, day by day Chinese marine pollution has seriously become a fact that cannot be disputed. Although we has participated in some international joint pledges successively for preventing and controlling marine pollution, and has consummated the domestic legislation gradually, this series of legal laws and regulations pay great attention to investigate the administration responsibility and civil liability of marine pollution. Facing gradually serious marine environment pollution, performing prevention and recovery merely from administration and civil aspects obviously cannot realize the final goal of preventing and controlling the pollution. It is necessary to integrate the behavior of polluting marine environment to the crime domain. Through this severe punishment method of criminal activity, the prevention and punishment effect of legal functions can be truly displayed. In this paper, the author in modeling the experience of overseas criminal legislation on environment pollution, analyses in detail the insufficiency and flaw of the present legislation on criminal activity of marine environment protection in China. Based on the current reality, combining aspects from the new charge hypothesis of marine pollution criminal offense, the suitability to the principles, the recognition of the criminal subject, the limit of subjective crime behavior and the hypothesis of penalty types, the author further elaborates the legal concept of consummating the legal responsibility of marine pollution in China, so that hoping to realize the legal goal of preventing and controlling marine pollution.
marine pollution criminal responsibility legislative improvement
Xiaoqian Wei
International laws ,Dalian Maritime University.Peoples Procuratorate, District of Xi Gang, Dalian, Liaoning Province
国际会议
Intl Conference on Marine Pollution Liability & Policy(国际海洋油污会议--海洋污染责任与政策国际研讨会)
大连
英文
443-455
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）