Evolution of Marine Oil Pollution Law in China

Yingying LI

Abstract


Under the initiative of Maritime Silk Road, China Maritime Court is going through new judicial reform. This development will affect maritime legislation deeply, especially marine oil pollution law. China has made several laws, rules and regulations in the marine oil pollution area in the past thirty years. However, 

Under the initiative of Maritime Silk Road, China Maritime Court is going through new judicial reform. This development will affect maritime legislation deeply, especially marine oil pollution law. China has made several laws, rules and regulations in the marine oil pollution area in the past thirty years. However, there is no rule to hold polluter criminally responsible for the pollution act up to now in China, and we need to revise Criminal Law and China Maritime Code. The low efficiency of separate management of maritime affairs prevents the disputes from solving efficiently, for improving the old administrative management pattern, it’s wise to integrate the management departments and build joint-action mechanism as soon as possible. Oil spill damage could cause issues of jurisdiction in practice, it’s important to give the criminal jurisdiction of the admiralty court and hold the polluter criminally liable.

 


Keywords


Marine oil pollution; Judicial reform; Joint-action mechanism; Administrative management; Criminal liability

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References


Fan, X. L. (2003). International legislation and cooperation of marine environmental protection (Doctor degree, pp.93-94). China University of Political Science and Law.

Li, L. (2011). Nulla poena sine lege in China: Rigidity or flexibility (p.43)? Social Science Electronic Publishing.

Xue, H. (2003). Transboundary damage in international law (pp.409-411). Cambridge University Press.

Yang, K. (2014). Outlook of joint action mechanism construction of maritime humanitarian search and rescue in Southeast Asia—Take the Malaysia Airlines Missing Flight Rescue as an example. Around Southeast Asia, (12).




DOI: http://dx.doi.org/10.3968/9804

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