Evolution and issues of marine pollution law in China: From 1970s to 2018
Abstract
What’s responsibility Sanchi oil tanker should take under Chinese law? Under the initiative of the belt and one road, especially Maritime Silk Road, China Maritime Court has extended jurisdiction to cover all cases arising from seawater since 2016, which means that China Maritime Court has criminal and administrative jurisdiction in maritime affairs besides civil jurisdiction in the near future. The compound mode of jurisdiction is one of the most important steps in the judicial reform of China. This development will affect maritime legislation deeply, especially marine pollution law. China has made the great improvement in marine pollution legislation in the past forty-five years. However, due to the old administrative pattern of land-based strategy, “from many doors” becomes the difficult pyridoxine for practice; Chinese governments used to depending on the special regulations instead of Ocean Basic Law to regulate marine pollution act, there is no global law to regulate marine pollution act up to now. Based on the results of marine pollution cases judged or solved by the China Maritime Court, marine polluter only needs to pay economic damages and there is no criminal liability. For solving practical matters more efficiently and thoroughly, and for protecting the marine environment more globally, we’d better adjust administrative management pattern, make Ocean Basic Law, and set multiple liabilities for marine polluter and unify marine pollution legislation.
Funding statement: National Social Science Fund: Study on Basic theories and Legal Systems of Maritime Law Amendment (16FFX010)
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Articles in the same Issue
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Articles in the same Issue
- Frontmatter
- Research Article
- Deprivation of liberty or imprisonment? Metaphorical motivation of some terms in the Criminal Code of the Republic of Lithuania and their translation into English
- Presuppositions as discourse strategies in court examinations
- An investigation of interruption in courtroom discourse
- Endeavours towards a plain legal language: The case of Spanish in context
- The conceptual metaphors in law—a case analysis of PRC Company Law
- Evolution and issues of marine pollution law in China: From 1970s to 2018
