Criminal Liabilities for Ship-source Pollution-Based on the Laws of China
During recent years, there were many cases that the seafarers of a ship which caused serious pollution damage were accused by port states or coastal states of violating their domestic criminal law and consequently were imposed criminal penalty. The latest and most representative example of such cases is that the captain and chief officer of the Hebei Spirit were sentenced to 18 months and 8 months in jail by Korea court. And EU, followed the Prestige disaster, issued a Directive in 2005, which introduced criminal penalties applying to any person who causes or contributes to ship-source pollution. Nevertheless, many interested parties in the world are still debating drastically on many issues with regard to the criminal liabilities concerning marine pollution. Transport of oil and bulk chemical to or from China and along the coast of China is developing rapidly. Many ship-source pollution accidents were resulted from such transport. So China is also confronted with those issues about criminal liabilities concerning ship-source pollution. Based upon the introduction of the background of some industries of China, this article probes into and makes comments on following issues: (l)under what circumstances will ship-source pollution incur criminal liabilities according to the laws of the PRC? (2) what kind of people will be investigated for criminal liabilities under the laws of the PRC in ship-source pollution accidents? and (3)what kind of criterion of liability is adopted in the Criminal Law of the PRC for criminal liabilities in ship-source pollution accidents and is it necessary to establish no-fault liability criterion for criminal liabilities for ship-source pollution on a legislative basis?
ship-source pollution criminal liabilities the P.R.C
Yuechuan Jiang
Law School of Dalian Maritime University, No.1 Linghai Road, Ganjingzi District, Dalian 116026,P.R.C
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
393-407
2009-06-04（万方平台首次上网日期，不代表论文的发表时间）