Research On Protection Of Maritime Environment

The importance of the ocean in the global ecosystem and the state of the maritime environment which is getting worse and worse give an urgent need of the protection of maritime environment. With the wide acceptance of the "continuous development principle" and its infiltration into various levels of the social development, the need is reflected especially by such aspects as the perfection of the theoretical foundation and basis of the maritime protection, the establishment and application of appropriate maritime policies, construction of the legislation system and the perfection of important protection regulations. The thorough research upon these fundamental and important points will certainly further promote the protection of maritime environment.The comprehensive and continuous protection of the maritime environment must be based on solid theories. The theories must be pluralistic due to the complex and complicated features of the maritime environment. The single theory cannot explain the present state of maritime protection which is becoming more and more serious, and cannot provide the necessary ways, tactics and methods to completely solve the problems. This paper begins from environment justice, environment contract theory, economic theory, post-modernism theory, ecosystem theory, continuous development theory, the understandings of maritime protection in various theories are analyzed and expounded, the relevant bases and methods provided by various theories to solve the problems in maritime environment are summarized, in order to completely analyze the theoretical foundations of maritime environment protection. Maritime policies are set up in various countries in order to better protect the maritime environment and the rights of states in ocean. The United Nations Convention on Law of Sea being as a sign, the international society is also continuously coordinating and strengthening the modern maritime order. The protection of maritime environment is one of the important and fundamental contents in both the international maritime policies and in each country. In this paper, through the analysis of the main contents of maritime policies in various countries as well as the evolution and performance of international maritime policies, it is stated that the legal activity of maritime environment protection is a measure to apply policies, and the application of obligatory laws and regulations rely upon policies as the soul. It will have energy and eternal life, and obtain practical effects only when it combines with policies.Legislation is an important way to protect maritime environment. There is fairly big difference in legislation of maritime environment protection among various countries. With the setting up and application of the United Nations Convention on Law of Sea, tending towards similarity is one of the main development features in legislation of maritime environment protection; The international legal system of maritime environment protection is still in the initial stage of establishment and development, some important principles, regulations and modes need to be further clarified and developed. On the basis of the analysis and reference above, the shortcomings and defects in legislation of maritime environment protection in our country are mainly analyzed; furthermore, combined with the reality of social development and environment protection in our country, the complete and specific thoughts and requirements are put forward.Setting up and perfecting of legal responsibility system is an important sign of whether the legal system is perfect or not. The responsibility system has many incomplete points both in various states and in the international maritime environment law system, especially in the domestic legislation and judicial practice in our country. In this paper, via the description and analysis of civil, criminal, administrative lawsuits and lawsuits for public benefits in maritime environment protection, the feasibility to set up relatively independent legal responsibility system and the complete, specific way is discussed, so that the ways and methods for reference in setting up relevant systems in our country are provided.