Research On The Legal Issues Of Criminal Accountability Of Seafarers In Marine Traffic Accidents

Our country has not yet established a complete maritime criminal legal system.The dispute over the criminal accountability of seafarers in maritime traffic accidents,neglecting to consider the particularity of the sea,and sharing a set of legal standards with land traffic accidents has been widely discussed by the criminal law theory and judicial practice circles.discuss.In particular,in 2017,after the Ningbo Maritime Court was designated to hear the traffic accident case of Alan,the second mate of the "Catalina",the discussion on the criminal accountability of the crew members in the maritime traffic accident reached a climax again.Some people suggested that the revision of the Criminal Law of the People’s Republic of China(hereinafter referred to as the "Criminal Law")should be promoted by taking advantage of the judicial reform of the maritime courts to set up independent charges for the criminal accountability of seafarers in maritime traffic accidents.The establishment of an independent criminal liability of seafarers for maritime traffic accidents requires special research on crimes related to maritime traffic accidents.This article begins with the judgment of the "Catalina" case,reflects on the current situation of the criminal accountability of seafarers in marine traffic accidents,and analyzes the legal issues existing in the criminal accountability of seafarers in marine traffic accidents one by one.Secondly,it focuses on the elements of the crime of marine traffic accident,compares it with the crime of land traffic accident,analyzes the particularity of the elements of the crime of marine traffic accident,and finds the legislative loopholes in the criminal accountability of seafarers in marine traffic accident.Finally,through the analysis of the specific judicial issues of criminal accountability of seafarers in marine traffic accidents,the relevant legal standards for criminal accountability of seafarers in marine traffic accidents are perfected.The first chapter of this thesis reviews and analyzes the facts and background of the "Catalina" case,reflects on the current situation of criminal accountability of seafarers in marine traffic accidents,and preliminarily summarizes the legal issues of criminal accountability of seafarers in marine traffic accidents.The second chapter studies the legal issues of criminal accountability of seafarers in marine traffic accidents from the perspective of criminal law theory.First,it determines the basis for the criminal liability of seafarers in marine traffic accidents.The legal basis for the criminal liability of seafarers in marine traffic accidents is analyzed,and the legislative model,legislative concept and legislative path of my country’s legislation on criminal liability of seafarers in marine traffic accidents are studied in depth.The third chapter,from the special perspective of the sea,combined with nautical science and ship manipulation,bears criminal responsibility for the special legal consequences of "missing persons" in maritime traffic accidents,the criminalization standards to be perfected,the traffic accident that is difficult to identify,and the psychological impact of the crew’s negligence The difficult problems are analyzed one by one,showing the proper appearance of the legal standards for the criminal accountability of seafarers in marine traffic accidents.The fourth chapter puts forward pertinent suggestions for the perfection of legislation and judicial issues concerning the criminal accountability of seafarers in marine traffic accidents.It is suggested that the legislation on criminal accountability of seafarers in marine traffic accidents should fully consider the special factors at sea,and choose the legislative path of first revising judicial interpretations and then setting independent charges.Improve the relevant legal standards for the criminal accountability of seafarers in marine traffic accidents,and provide a reasonable legal basis for the criminal accountability of seafarers in marine traffic accidents.