海上环境污染案件移送程序之协调困境的思考

On dilemma of coordination of the transfer procedure in cases of environmental pollution at sea

大量的海洋污染事故给海洋带来的损害不仅是巨大的,而且是不可完全修复的,因此强化国人对海洋环境的保护意识以及对污染海洋违法行为的司法责任的追究实属必要。但是当前对海上污染行为的追究,更多的是"以罚代刑"。追本溯源,一方面与中国的相关立法问题相关,但更主要是在海上环境污染案件移送的各机关之间的衔接程序出现了问题。具体而言,中国的海事调查集技术调查与行政处罚于一体的体制,使得应该追究司法责任的案件被停留在在海上行政处罚阶段;司法机关对海上污染案件的参与的滞后性、被动性、立法的模糊,对于海上污染案件司法责任的追究造成了进一步的掣肘。

The damage caused by large number of marine pollution incidents is not only great but also hardly to be fully re-stored. Therefore, it is highly important for the Chinese people to strengthen awareness of marine environmental protection as well as pursuit of judicial responsibility for marine pollution violations. However, current investigation of the behavior of ma-rine pollution is more often by way of penalty rather than punishment. This of course originates from the relevant legislation issues in China, but the more important problem lies in the coordination procedure among various authorities where the cases are handed over. To be more specific, current system of maritime investigation in China integrates technology investigation and administrative punishment in one system, making judicially accountable cases stay in the stage of maritime administrative punishment. The lagging behind and passiveness of the involvement by judicial authorities and the ambiguity of legislation, have caused further restraint to the pursuit of the judicial responsibility in marine pollution cases.