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海洋蕴育着丰富的资源,对人类生存的重要性非同一般。但是从人类目前对海洋的利用和开发来看,伴生了严重的污染。刑事手段作为一项有效的措施,在防控海洋污染方面能发挥一定的作用。从刑事实体法来看,保护海洋权益应当注重生态利益与人类利益并重的环境法益观,正确理解危险犯,完善刑事责任;从程序法来看,应当重视行政执法过程中所获取的有效证据,赋予海事执法机关刑事侦查权以及设立专门审理海洋环境污染犯罪的法庭。
The ocean is rich in resources and of immense importance to human existence. However, from the current human use and development of the oceans, serious pollution has been accompanied. As an effective measure, criminal means can play a certain role in preventing and controlling marine pollution. From the perspective of criminal substantive law, the protection of maritime rights and interests should pay attention to the environmental law and benefit concept that both ecological and human interests are taken into account, correctly understand dangerous criminals and perfect criminal responsibility. From the perspective of procedural law, effective evidence obtained in administrative law enforcement should be emphasized, To give the maritime law enforcement agencies the right to criminal investigation and the establishment of specialized tribunals to pollute the marine environment.