Legal Consideration for Failure of China's Marine Pollution in Criminal Governance

摘要

There are three legal liabilities to deal with problems of China's marine pollution, they are administrative liability, civil liability and criminal liability. In fact, many incidents of marine pollution are very serious, but mainly liability style is administrative liability, civil liability followed and criminal liability rarely used, and in practice, criminal prevention of marine pollution is the best effective legal means, but did not give full emphasis on it. The main reason is that defects exist in the legislative design, judicial system and working mechanism of the administrative law and Criminal Law, which result many marine pollution acts which should be sentenced by Criminal Law but substitute administrative law. Finally, problems of marine pollution have not been solving at fundamental level from perspective of Criminal Law, in effect condoned violations of marine pollution. It has become major chronic illness to achieve the goal of building "environment-friendly society" and implementing of the scientific development concept of "co-ordinate the harmonious development between humanity and nature". From the view of legislative design, the judicial system and working mechanism of administrative law and Criminal Law, the author analyses the current reasons of marine environment pollution and raises his own legal consideration.