{"title":"中国海洋环境司法保护的完善:基于 2443 个司法案例的分析","authors":"Xi Liu, Sijie Liu, Yuting Wang","doi":"10.3389/fmars.2024.1486230","DOIUrl":null,"url":null,"abstract":"With the proliferation of human activities, a series of marine ecological and environmental problems have arisen. Judicial application is important to test legislative achievements, explore judicial difficulties, and examine the compliance with the law. There is no case law in China and the impact of judicial decisions on the protection of marine environment is therefore indirect. Judicial decisions can reflect the implementation of the Marine Environmental Protection Law and play a crucial role in improving the marine environmental protection. An analysis of 2,443 cases related to marine environmental protection heard by courts at all levels across China from 1 January 2019 to 31 December 2023 has been conducted. The findings indicate an overall downward trend in cases related to marine environmental protection, suggesting positive governance outcomes to some extent. However, certain problems remain in the judicial protection of marine environment. Therefore, legislative efficiency should be properly increased and an independent crime for marine environmental pollution should be introduced to further clarify the legal bases for marine environmental protection. The intelligent trial assistance technology should also be applied to shorten trial time, improve trial efficiency, and unify judicial rules. The People’s Courts should play an active role in the provision of evidence and specific evidentiary burden provisions for different types of marine environmental pollutions should be proposed. The data sharing channels between various systems should be facilitated and the functionality for case referral should be developed for the coordination of administrative enforcement and criminal justice within a unified administrative enforcement platform.","PeriodicalId":12479,"journal":{"name":"Frontiers in Marine Science","volume":"100 1","pages":""},"PeriodicalIF":3.4000,"publicationDate":"2024-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The improvement of judicial protection of marine environment in China: based on the analysis of 2,443 judicial cases\",\"authors\":\"Xi Liu, Sijie Liu, Yuting Wang\",\"doi\":\"10.3389/fmars.2024.1486230\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"With the proliferation of human activities, a series of marine ecological and environmental problems have arisen. Judicial application is important to test legislative achievements, explore judicial difficulties, and examine the compliance with the law. There is no case law in China and the impact of judicial decisions on the protection of marine environment is therefore indirect. Judicial decisions can reflect the implementation of the Marine Environmental Protection Law and play a crucial role in improving the marine environmental protection. An analysis of 2,443 cases related to marine environmental protection heard by courts at all levels across China from 1 January 2019 to 31 December 2023 has been conducted. The findings indicate an overall downward trend in cases related to marine environmental protection, suggesting positive governance outcomes to some extent. However, certain problems remain in the judicial protection of marine environment. Therefore, legislative efficiency should be properly increased and an independent crime for marine environmental pollution should be introduced to further clarify the legal bases for marine environmental protection. The intelligent trial assistance technology should also be applied to shorten trial time, improve trial efficiency, and unify judicial rules. The People’s Courts should play an active role in the provision of evidence and specific evidentiary burden provisions for different types of marine environmental pollutions should be proposed. The data sharing channels between various systems should be facilitated and the functionality for case referral should be developed for the coordination of administrative enforcement and criminal justice within a unified administrative enforcement platform.\",\"PeriodicalId\":12479,\"journal\":{\"name\":\"Frontiers in Marine Science\",\"volume\":\"100 1\",\"pages\":\"\"},\"PeriodicalIF\":3.4000,\"publicationDate\":\"2024-10-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Frontiers in Marine Science\",\"FirstCategoryId\":\"99\",\"ListUrlMain\":\"https://doi.org/10.3389/fmars.2024.1486230\",\"RegionNum\":2,\"RegionCategory\":\"生物学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"MARINE & FRESHWATER BIOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Frontiers in Marine Science","FirstCategoryId":"99","ListUrlMain":"https://doi.org/10.3389/fmars.2024.1486230","RegionNum":2,"RegionCategory":"生物学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"MARINE & FRESHWATER BIOLOGY","Score":null,"Total":0}
The improvement of judicial protection of marine environment in China: based on the analysis of 2,443 judicial cases
With the proliferation of human activities, a series of marine ecological and environmental problems have arisen. Judicial application is important to test legislative achievements, explore judicial difficulties, and examine the compliance with the law. There is no case law in China and the impact of judicial decisions on the protection of marine environment is therefore indirect. Judicial decisions can reflect the implementation of the Marine Environmental Protection Law and play a crucial role in improving the marine environmental protection. An analysis of 2,443 cases related to marine environmental protection heard by courts at all levels across China from 1 January 2019 to 31 December 2023 has been conducted. The findings indicate an overall downward trend in cases related to marine environmental protection, suggesting positive governance outcomes to some extent. However, certain problems remain in the judicial protection of marine environment. Therefore, legislative efficiency should be properly increased and an independent crime for marine environmental pollution should be introduced to further clarify the legal bases for marine environmental protection. The intelligent trial assistance technology should also be applied to shorten trial time, improve trial efficiency, and unify judicial rules. The People’s Courts should play an active role in the provision of evidence and specific evidentiary burden provisions for different types of marine environmental pollutions should be proposed. The data sharing channels between various systems should be facilitated and the functionality for case referral should be developed for the coordination of administrative enforcement and criminal justice within a unified administrative enforcement platform.
期刊介绍:
Frontiers in Marine Science publishes rigorously peer-reviewed research that advances our understanding of all aspects of the environment, biology, ecosystem functioning and human interactions with the oceans. Field Chief Editor Carlos M. Duarte at King Abdullah University of Science and Technology Thuwal is supported by an outstanding Editorial Board of international researchers. This multidisciplinary open-access journal is at the forefront of disseminating and communicating scientific knowledge and impactful discoveries to researchers, academics, policy makers and the public worldwide.
With the human population predicted to reach 9 billion people by 2050, it is clear that traditional land resources will not suffice to meet the demand for food or energy, required to support high-quality livelihoods. As a result, the oceans are emerging as a source of untapped assets, with new innovative industries, such as aquaculture, marine biotechnology, marine energy and deep-sea mining growing rapidly under a new era characterized by rapid growth of a blue, ocean-based economy. The sustainability of the blue economy is closely dependent on our knowledge about how to mitigate the impacts of the multiple pressures on the ocean ecosystem associated with the increased scale and diversification of industry operations in the ocean and global human pressures on the environment. Therefore, Frontiers in Marine Science particularly welcomes the communication of research outcomes addressing ocean-based solutions for the emerging challenges, including improved forecasting and observational capacities, understanding biodiversity and ecosystem problems, locally and globally, effective management strategies to maintain ocean health, and an improved capacity to sustainably derive resources from the oceans.