Study Of Administrative Fine Rules Of Marine Environmental Pollution

China is a big maritime country with a vast ocean area and frequent marine activities.Frequent marine activities are easy to cause harm to the marine environment.These pollution accidents are often serious,with large impact area and high treatment cost,and even cause irreversible damage to the marine environment.As an important means of punishment in the field of environmental law,environmental administrative fine punishes the violators by depriving their vested interests,deters the potential violators and prevents the occurrence of potential violations.Environmental administrative fine has the functions of legal deterrence,risk prevention and ecological compensation.Giving full play to the functions of environmental administrative fine can effectively protect the marine environment.Article 90 of the Law of the People’s Republic of China on Marine Environmental Protection stipulates that a fine shall be imposed on the unit that causes the marine environmental pollution accident.However,through the study of Article 90,we can find that there are some problems in the way of setting the fine,such as the single factor of fine,the unclear scope of direct loss,the mutual influence between administrative fine and civil litigation in the determination of direct loss.In terms of the use of fines,the fines in the United States are used to repair the marine environment through the fund,while there are no regulations on how to use the fines in China.Through the regulation of the provisions of Article 90 of the Law of the People’s Republic of China on Marine Environmental Protection and the application of Article90 in law enforcement practice,this paper analyzes the problems existing in the administrative fine rules for marine environmental pollution in China.Using the method of comparative study,this paper compares the differences of the administrative fine rules for marine environmental pollution between China and the United States.This paper explores the reference of the administrative fine rules for marine environmental pollution in the United States,and puts forward some suggestions on how to amendment to Article 90.This paper is divided into four parts.The first part is an overview of administrative fine for marine environmental pollution,including the definition and theoretical basis of administrative penalty,the definition of marine environmental pollution and the division of damage types.The second part is to analyze the legislative status and deficiencies of the administrative fine rules of marine environmental pollution in China.It is found that there are some problems in the administrative fine rules of marine environmental pollution in China,such as single factor of fine,unclear scope of direct loss,lack of relevant provisions in the use of fine,etc.The third part is the analysis of the legislative status of the administrative fine rules for marine environmental pollution in the United States.It is found that the consideration of penalty factors,the formulation of implementation rules and the use of penalty in the United States are worthy of our reference.The fourth part is based on the actual situation of our country,and through the reference of the American marine environmental pollution administrative fine rules,in the way of setting and using the fine,puts forward the amendment suggestions to Article90 of the Law of the People’s Republic of China on Marine Environmental Protection.