Research On The Setting Of Fines For Environmental Pollution In My Country's Offshore Oil Development

As an important punishment method in the field of environmental violation,the functions of environmental administrative fine are to deprive the perpetrator of vested interests,to pun-ish the offender,to deter the potential offender,and to prevent the potential illegal act.There-fore,whether the design of environmental administrative fines can deter the perpetrators of environmetal pollution is the premise of the utility of fines and the premise of the application of deterrence theory in the field of fines.With the large scale and high frequency of offshore oil exploitation in China,the possibility of environmental pollution also increases.As a lim-ited rational individual,the operator of offshore oil exploitation calculates "illegal cost" and"illegal profit".When the developer finds that the illegal cost is less than the illegal income,he will choose to violate the law.When the illegal cost is greater than the illegal income,the developer will choose to actively abide by the law.By investigating the fine regulation of ma-rine environmental pollution in China,it is found that there are some problems such as ab-normally low amount and weak deterrent.Therefore,it is still necessary to improve the regu-lations of legislation,the scientific model of marine environmental pollution fine,the detailed rules of operation and the convergence of legal liability.This paper takes the deterrence theory as the theoretical basis,applies the literature re-search method and the research method of law and economics to investigate the rational basis of the improvement of the paradigm of setting up the penalty for marine oil exploitation pol-lution environment under the complex background.On the basis of fully combing the legal provisions in the field of environmental fines for offshore oil exploitation,this paper explores the problems existing in the field of fines for environmental pollution of offshore oil devel-opment in China,analyzes the main reasons by comparative research between the U.S.and China.This paper examines the general situation of the administrative penalty system for ma-rine environmental pollution in the United States and its enlightenment to our country,and then puts forward how to construct a more scientific and reasonable penalty setting paradigm.This paper is divided into five parts.The first part mainly lays the theoretical foundation of this paper,analyzes the application of deterrence theory in environmental administrative fines,combs the historical evolution of deterrence theory,and links the inherent logic of de-terrence theory with the administrative fines of marine environment.The second part mainly analyzes the regulations and problems of administrative penalty for environmental pollution in offshore oil development.Firstly,it discusses the models of penalty setting and deterrent effect of marine oil pollution in China,and then analyzes the defects of several kinds of fine modes.The main problems include:low deterrence,lack of maneuverability,conflict between legal provisions,administrative organs discretion is too large,and so on.In the third part.through the analysis of the fine sytem for environmental pollution in the United States off-shore oil development,some advanced experiences that can be used for reference by China are put forward.These suggestions include,for example,to increse the amount of fines,to es-tablish an jindustrial insurance system and fund system.and set up a notification penalty.The fourth part aims to analyze the reasons of the problems existing in the penalty mechanism of environmental pollution in China's offshore oil development.There are three main reasons,including the lack of cost-benefit analysis when setting up the fine system,the difficulties of application caused by the contradiction of laws and regulations,and the resistance of large enterprises in legislation.In the fifth part,the author puts forward the forward way to improve the administrative fine regime for environmental pollution of offshore oil development in China.To be more specific,our suggestions include to redesign the adsministrative fines through the scientific way,to strengthen the enforceability,to standardiz the application of dis-cretion,to introduce the Hande formula into environmental fines,and to standardize the man-agement of fines,etc.