| With the fast developing of economy and society of China, the affairs, just like oversea business and marine transports, projects of ports and channels, and large-scale projects on the land, have developed very fast. At the same time, amount of the waste which dumped in the ocean also has been lasting growing. All of those has given a heavier and heavier pursue on the ocean disposal management of China. In the research paper, author try to give some suggestions to China's ocean disposal management and ocean disposal law-making by the systematically study on the law system of ocean disposal, both in China and in other countries.Obviously, the development of China's ocean disposal law system is too slowly, when it compared with the heavier and heavier pursue on the ocean disposal management and the faster and faster change of the ocean disposal methods. Although purse on the ocean disposal growing heavier and heavier, unfortunately, none of the ocean disposal laws has been amended over and above the Marine environment protect law of People Republic of China which has been amended in the year 2000.The other two laws has no amendment since they were promulgated in the year 1985 and 1990 and are very backward in today.As a costal country, China has an obvious principle in the law making progress. That is that China's oceanic law should be consistent with the international conventions which China has joint in. From this principle, author of the research paper try to find the disadvantages of the ocean disposal law system of China according to research of the trend of international ocean disposal law making, especially the trend represented by the London Convention which was taken as template by many countries in the whole world, China is also included.In this research paper, author takes several aspects for study, on the first, author takes a study on the definition of the ocean disposal, just like how to definite the several key-words in"ocean disposal", and how to tell the ocean disposal with other ocean pollutions, just like identify the differences between the ocean disposal and landing pollution. On the second, author takes a study on the process of the developments of ocean disposal law system, including both the international ocean disposal law system and China's ocean disposal law system. As a result of the research, author get a result that China's ocean disposal law making started very late when compared with other countries and the amendment of the ocean disposal laws in China are not as often as in other countries, in fact, only once in the last twenty-three years. On the third, author makes a systemically research on the basic law system of China's ocean disposal, including the system of classification of the disposal waste, license-granting system of disposal, system of disposal area sited, system of disposal area supervision. And at last, author focus on the disadvantages of China's law-making's forms, technologies, the distance of the law-making process between China and developed countries and the lack of the punishment measures in China's ocean disposal law system. Author also gives the suggestions to those disadvantages in this part.In this research paper, the law enforcement departments of ocean disposal are also under research. The research on them include the following several parts: on the first, author makes a systemically research on the conditions of the national ocean disposal development, author gives a general description of the national ocean disposal of the last several years according to quote the statistics which component by numbers and graphics. In this part, the author mainly focus on the component of the disposal waste which is dumped in the ocean, and the distribution of the disposal areas, finding the waste disposal in which area reached a far more large amount than in others. According to the result of the research, author finds that there is still a long way for the disposal waste being clean and no harmful in China, today. And another point, as the author's suggestion, more attentions should be paid on the key disposal area, and measures should be taken to eliminate the disadvantages of the related law system of management of disposal area as soon as possible. On the second, in the research paper, author takes a multi-aspects method to research the conditions of the law enforcement of ocean disposal. In fact, in the last several years, there are many researchers call for that measures should be taken to settle the problem over the history which lingers on the law enforcement system as quickly as possible, just as to construct a unified managing institution, which over all of the law enforcement departments. This institution could command the departments or coordinate them, or it could do all of the things which doing now by the departments. It also could make over-all oceanic policies. In the research paper, author starts the research from the study on the disadvantages of the law enforcement departments, and then the author gives some suggestions for settling those problems, strengthen the oversight system and the law enforcement system of ocean disposal. The research in this part mainly focus on the construction and improvement of law enforcement system of ocean disposal, law enforcement institutions of ocean disposal and the system of constraint between land and ocean. |
