An Analysis of the Criminal Law Regulation of Illegal Occupation of Sea Area

Abstract

Due to the gradual shortage of land resources and the further extension of human activities to the ocean, the degree of understanding and utilization of marine resources have been significantly improved by China. This is followed by some enterprises and individuals to the marine resources of the uncontrolled use and development: illegal sea reclamation, occupation or even reclamation, which have resulted in the deterioration of the marine ecological environment, obstacles to local sustainable development and losses to the national marine economy. Strengthening the control of illegal occupation of sea areas in accordance with existing laws and regulations has been effective. However, in the process of practice, there are some factors, such as government overstepping its authority in approval, huge profits, insufficient punishment, and other factors. As a result, the phenomenon of illegal occupation of the sea area has been continued despite repeated prohibition. Moreover, the purpose of restoring the original state of the sea area after illegal occupation is difficult to realize effectively. In order to ensure the sustainable development of marine economy and culture, the strictest rule of law should be applied to protect the national coastline and marine ecological environment, so as to connect administrative law enforcement with criminal regulation and establish an information sharing mechanism. Meanwhile, a special group should be set up to combat illegal occupation of sea areas with the purpose of accumulating experience in combating such cases in the future.

Keywords

• illegal occupation
• criminal responsibility
• sea area use management