A Study on the Sanction of Marine Pollution in the R.O.C.

• Main Authors: CHANG CHUNG-HWA, 張忠華
• Other Authors: CHOH CHEN-YO
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/44885710578492975519

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 94 === Abstract Since the law for prevention of marine pollution in Taiwan origins from international norms including convention and its soft documents, this thesis reviews the current situation and the trend of the convention. The purposes are, first, offering clear and definite direction for the following amendment and legislation; secondly, finding out the differences of the Taiwan’s legal norms about the law for prevention of marine pollution; thirdly, analyzing the means and restriction of Taiwan’s administrative penalties from theories of administrative and criminal penalties. Finally, upon disciplines of the law for prevention of marine pollution, the thesis leads a conclusion to future amendment by examining the regulations about administrative and criminal penalties. There are five main parts in this thesis. Chapter One includes the motive, methodology, scope and purpose of the thesis, which will facilitate to direct the research and confine the expected effects. Chapter Two focuses on the current situation and trend of international norms on prevention of marine pollution, based on contents of international norm and related material from UN meetings. Chapter Three demonstrates the legislative norm in Taiwan about prevention of marine pollution and discovers which factors lead to the differences between penalties. Chapter Four set on the theories of environmental legally punishments, tries to figure out the characteristics of legal principles about prevention of marine pollution, and draws the line of pollution punishments. Chapter Five centers on administrative penalty for prevention of marine pollution, gets the quintessence of it, points out the problems, and provides solutions. Chapter Six concentrates on criminal penalty for prevention of marine pollution, searches the essences of it, pins down the questions, and gives answers for them. Chapter Seven sums up the previous chapters and suggests the future direction of amending penalty of the law for prevention of marine pollution.