The Study on Crime of Marine Pollution

• Main Authors: Lu, Chia-Lung, 呂佳龍
• Other Authors: Choh, Chen-Yo
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/7x9bu3

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 102 === The Marine Pollution Control Act published in November 1st, 2000 is a huge step of Environmental Criminal Law in Taiwan. This study aims to inspect the Marine Pollution Control Act through principles of Criminal Code and analysis results of severe marine pollution events to find out if any incompleteness in practical operations of our country exists, and try to offer advises for term revision. First, the development and formulation of Environmental Criminal Law in chapter 2 was discussed with reference to the legislation history of related International Conventions and laws in many countries. Approaches to formulate and integrate local ship management regulations to global scope according to “International Convention for the Control and Management of Ships Ballast Water and Sediments” (BWM) published by International Maritime Organization (IMO) in 2004 was also heavily discussed. Second, four severe marine pollution crime events were discussed in chapter 3, including Exxon Valdez Oil Spill, Deepwater Horizon Oil Spill, 2011 Bohai Bay Oil Spill, and 2007 South Korea Hebei-Spirit vessel Oil Spill. This paper surveyed judgment and analyzed pros and cons for further revision of Marine Pollution Control Act of our country. Moreover, 4 practical judgments of Criminal Code Article 190-1, Waste Disposal Act Article 46, Marine Pollution Control Act Article 29, 32, and 36, including Tzini Vessel Oil Spill, Tong-Shun 1 Vessel Illegal Dumping, Jhu-Fong Vessel Oil Spill, Sam-ho Brother Vessel Accident were discussed to analyze their integrity. Finally, this paper summarized the analysis result and comparison to related local and global events in chapter 5 and offered advises for revision of punishment for Marine Pollution Control Act in chapter 6, and also discussed topics about approaches to effectively achieve the legislation purpose of Marine Pollution Control Act, complete marine environment protection and maintain marine sustainable living. Topics about adding definition and discharging management for ballast water, regulating punishment for criminal negligence, determining double punishment of juristic person and natural person, increasing penalty limitation and conviction percentage of imprisonment in Marine Pollution Control Act are also discussed intensively as a humble distribution for marine pollution control of our country.