碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 100 / The main purpose of this thesis are subject to reviews of the law for prevention of marine pollution by using the principles of administrative law and criminal law to find out the lacking and amend the law.The method given above can explain the administrative and criminal penalties' limits by using the legal principles.The executive authorities can use the theory to examine related order penalty provisions of environmental protection.
From the international covenant and United Nations Convention on the Law of the Sea about the constituents of National jurisdiction for ocean environmental protection, we can see that the law for prevention of marine pollution in Taiwan origins from international norms includind convention and its state practice.To legislate the normative and practical law of prevention of marine pollution can make sure that Taiwan constructs a maritime country in reality and values the ocean protection.
Criminal Code 190-1 was understood as the only one environmental legally punishment in the ordinary criminal law.We should disscuss that does such provisions for criminal of specific danger and Humanism's legal interest work in effect,or by the other Administrative penalty lead to the administrative liability and criminal responsibilities for maritime pollution. For example, the penalty for dumping Group A Poison in the law for prevention of marine pollution should add to the punishment provision of negligent crime to avoid enlarging crimes of marine pollution ceaselessly. If the law for prevention of marine pollution against the other legal provisions will find the Competition and Cooperation problem, there are related Competition and Cooperation theories of discussions in this thesis to choice the proper punishment.
We can know that a perpetrator for the responsibility of the pollution status was the so-called person in charge of company premises based on maintaining the public order and public safety in the the law for prevention of marine pollution from the responsible subject of administrative law, but it is not expected for the owner of the ship to take the resposibility over the limmted value of the ship because of a special risk. We should review the upper limit of the status responsibility and suggest how to amend the law, and adopting what kinds of penalties can stop the corporate crime by the analysis of the administrative liability and criminal responsibilities to choose in a criminal policy.
At last we disscussed the cases to show the missing of the provisions in the practical operation and to suggest amending the law.Environmental protections are not only the responsibility of the international community but also the important issues in our country. In order to protect the ocean environment and long-term survival, we use the principles of administrative law and criminal law to suggest for amending the law by our some efforts.
| Identifer | oai:union.ndltd.org:TW/100NTOU5273038 |
| Date | January 2012 |
| Creators | Chih-Chung Cheng, 鄭智中 |
| Contributors | Chen-Yo Choh, 周成瑜 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 179 |
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