Haiyang Kaifa yu guanli (Sep 2023)
A Study on the Legal Responsibility of Destroying Marine Ecosystem and Protected Area: From the perspective of Marine Environment Protection Law
Abstract
With the development of the implementation of the Chinese economic reform, the pace of industrialization has accelerated, and the demand of social and economic development for the utilization of marine space and marine natural resources has been increasing, at the same time, it has brought pressure and challenge to the marine environment and marine ecosystem. At present, there are a lot of behaviors that damage marine ecosystems and protected areas, and the management and control of marine ecosystems and protected areas is not enough. In order to better protect the marine environment and resources and consolidate and strengthen the stability of the marine ecosystem, China has promulgated the Marine Environment Protection Law of the People’s Republic of China (as amended in 2017). After many revisions, the legal system of marine environmental protection has been basically standardized, but there are still many legal problems, such as civil and administrative legal responsibility, lack of deterrence, difficult to determine the amount of compensation, too much discretion. The criminal responsibility takes the actual harm result as the essential condition, punishes too late and so on. Based on the Marine Environment Protection Law of the People’s Republic of China, this paper analyzes the civil liability, administrative liability and criminal liability of the damage to marine ecosystem and protected area, and raises the limit of penalty. The suggestion of adding dangerous crime to criminal liability can provide reference for cracking down on the illegal acts that damage the marine ecological environment.
