Legal Consideration for Failure of Chinas Marine Pollution in Criminal Governance
There are three legal liabilities to deal with problems of Chinas marine pollution, they are administrative liability, civil liability and criminal liability. In fact, many incidents of marine pollution are very serious, but mainly liability style is administrative liability, civil liability followed and criminal liability rarely used, and in practice, criminal prevention of marine pollution is the best effective legal means, but did not give full emphasis on it. The main reason is that defects exist in the legislative design, judicial system and working mechanism of the administrative law and Criminal Law, which result many marine pollution acts which should be sentenced by Criminal Law but substitute administrative law. Finally, problems of marine pollution have not been solving at fundamental level from perspective of Criminal Law, in effect condoned violations of marine pollution. It has become major chronic illness to achieve the goal of building environment-friendly society and implementing of the scientific development concept of co-ordinate the harmonious development between humanity and nature. From the view of legislative design, the judicial system and working mechanism of administrative law and Criminal Law, the author analyses the current reasons of marine environment pollution and raises his own legal consideration.
marine pollution administrative liability norms criminal liability norms law enforcement system working mechanism
LiuZhong
International Economic ,Law School of Law, Dalian Maritime University ,Director of Preventing Job-related Crime, Peoples Procurator Organ of Anshan City, 31 Shengli Road South, Tiedong District, Anshan City Liaoning Province 114002
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
408-417
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）