中国应对海上溢油生态损害的立法进路

The legislative path for responding to the ecological damage caused by the oil spill in China

依据中国现行法应对渤海溢油事故,行政罚款的力度有限,生态损害索赔的现行法依据不足,重大环境污染事故罪也难认定。建立海上溢油损害赔偿机制、确立海洋溢油生态损害防治各项制度,是中国应对海上溢油生态损害的当务之举。以生态系统管理理念为指导思想,以增进生态利益的保护和预防、控制生态损害发生为立法目标,确立海洋生态系统管理立法模式,完善海洋生态系统管理法律制度建设,是应对海上溢油生态损害的立法进路。

According to the current laws in China,the response to the Bohai Sea oil spill is not as powerful as expected.Needless to say,the administrative penalty has a limited force and the demand for compensation of ecological damage is in the gap of laws,the charge to the crime of major environmental pollution accident is also hard to be affirmed.While China is dealing with the legal affairs on the ecological damage caused by the Bohai Sea oil spill,it is urgent to build the mechanism of compensation for the ecological damage caused by the oil spill,and establish the legal system of prevention and control law on the ecological damage caused by the oil spill.The ideas of setting ecosystem management as the legislative guidelines,and the protection of ecological interest and the prevention and control of ecological damage as the legislative goals,as well as establishing the legislative pattern of marine ecosystem management and improving the legal system construction of marine ecosystems management,are all key to the responding to the ecological damage caused by the oil spill in China.