VTS监督过失行为渎职风险法律问题探讨

Discussion on legal issues of the risk of pollution clean-up for the reason of VTS supervision omit

文中依托刑法学和行政法学理论,就我国VTS在监管和服务双重功能定位的语境下,VTS监督过失责任风险问题,以"行为人的主观方面"为切入点,以是否具备"刑法上的因果关系"为分析点,结合大陆法系"信赖原则"等理论,分别就VTS监督过失的三种形式:脱岗失职、建议失误、疏忽监控是否具有渎职刑罚责难性做详细探讨。

The research of vessel traffic service（VTS） has not yet obtained enough attention in domestic legal community. Based on theories of criminal law and administrative law, the paper studies the risk of negligence in VTS control under the background of the dual functions combining both control and service of VTS in China. Taking ＂the subjective aspects of the doer＂ as the entry point and the ＂causeeffect relations in criminal law＂ as the analysis points, it studies in detail whether the three forms of negligence in VTS control, i.e. skipping-work negligence, suggestion fault and negligent control, should lead to criminal penalty taking into consideration such theories as the Principle of Trust in civil law system.