Administrative Subject’s Administrative Responsibility On Marine Oil Pollution

In recent years,with the growth of our population and the improvement of consumption level,in order to satisfy the basic needs of the people’s daily life and to promote economic development,we have gradually shifted the goal to deeply exploit the ocean recource.However,the exploitation is accompanied with the risk,marine oil pollution accidents have shock us frequently,behind these accidents is numerous human,material and financial losses.Paying attention to exploitation and protection,learning from the lessons,to avoid bigger and more serious pollution,to make people aware of the importance of marine environmental protection,is the most important issue.Penglai 19-3 oil spill accident,is a warn for the marine environmental protection.The whole accident not only exposed many problems,we need to promptly deal with,but also led us a series of thinking.Our current marine environmental protection issue,in the administrative legal responsibility,how many problems are still there.This article has four main contents.The first part introduces several related concepts,namely,marine oil pollution,marine administrative subject which are Ministry of Environment Protection of the People’s Republic of China,State Oceanic Administration,People’s Repubic of China Maritime Safety Administration,People’s Repubic of China,and their administrative responsibility.The second part introduces several relevant laws.Taking the Penglai 19-3 oil spill accident as an example,the author analyzes the shortcomings in the present situation in our country,including four aspects,the imperfection of administrative subject’s enforcement procedures,the information disclosure mechanism is unclear.Finally analyzed the causes of this deficiency,which are the particularity of offshore oil pollution,the lack of the "three program"and traditional legislative thinking.The third part integrate United States Coast Guard,introduces the legislation of the United States,which briefly describe what their legislative advantages are,including administrative licensing procedures and administrative penalties,those are worth learning and thinking.The forth part mainly introduces three parts which need to be modified about administrative responsibility in "Marine Environmental Protection Law".The first angle is to modify the "three program",and make the Ministry of Environmental Protection leading the National People’s Representative Meeting to modify the law.The second point is to improve the relevant procedures and legislation,including the improvement of the administrative licensing procedures,administrative penalties and administrative hearing procedures,and thus adjust the administrative functions of the main administrative functions.Finally,revise the process of administrative enforcement of the administrative subject,including revising the information disclosure mechanism of the administrative subject,fix the problem about the asymmetry of the information between the administrative subject,the administrative counterpart and the ordinary citizen.Our huge marine area and rich marine resources have brought huge advantages for our competition,but at the same time,protecting these advantages and protecting the marine environment are our most important work in the furture.I hope this article will bring some useful suggestions for legislators.