Research On The Liability Of Marine Oil Pollution

As the incidents of oil spill happened in U.S. Gulf of Mexico and the oil tank explosion happened in Dalian, marine oil pollution has caused widespread concern. In the social background of paying more attention on environmental protection and sustainable development, it is a great challenge of how to proceed the economy development and simultaneously prevent the occurrence of marine oil pollution incidents. The criminal liability of marine oil pollution is an important aspect when people look at the phenomenon of marine oil pollution. It is a late start of the researching on the criminal liability of marine oil pollution in China, the research scholars are rare, but their theoretical results has been involved in the philosophical foundation, object of a crime, the determination of legal interest, the improvement of system and legislative technology of the criminal responsibility of marine oil pollution. Domestic scholars have unanimously advocated that the serious behaviors of marine oil pollution should be responsible to criminal, but have less thoroughly and systematically discussed. This article discuss the necessity of the serious behaviors in marine oil pollution should be accused criminal liability from these aspects:the development of criminal liability at home and abroad, the important of the criminal liability of marine oil pollution in the criminal system, the requirement of the criminal liability of marine oil pollution in the ecological benefits protection. The article analyzes the problems that exist in the legislation of marine oil pollution and the criminal accountability system, and further with some preliminary view.The diss The paper in divided into foun parts.Chapter 1, the article defines the range of the marine oil pollution in the angle of Criminal Law, introduce the international and domestic marine oil pollution incidents and their legislation on marine oil pollution briefly. The article sum up the value conflict in the legislative process of the criminal liability in marine oil pollution and point out it future direction in marine oil pollution criminal legislation.Chapter 2, the article describes the criminal justice practice of the marine oil pollution in other countries of the world and China. Combine with the first part, it summarize the develop law and lessons have learned of the criminal justice in marine oil pollution. Provide reference for China's theory research and judicial practice.Chapter 3, the article focuses on discuss the necessity of accuse the serious behaviors in marine oil pollution to take criminal liability. And demonstrate that the marine oil pollution liability is the irreplaceable means other than civil liability and administrative responsibility, it is the era requirement of ecological legal interests protection.Chapter 4, the points out that the problems exist in China's criminal legislation of marine oil pollution are in two aspects:the lacking of advanced guiding ideology in legislation and the poor targeted in law. In terms of accountability, we should promptly establish and improve the supervision system of marine oil pollution incidents and the oil pollution appraisal organization, raise the awareness of evidence preservation.