China is a big maritime country. In recent years, the protection of the marine environment has been increasing. By strengthening legislation, increasing investment, controlling the total amount of key pollutants, strengthening marine ecological protection, and implementing pollution prevention and control plans in key river basins and blue sea action plans in key sea areas, the pressure on the marine environment brought by coastal economic construction and marine industrial development has been alleviated to some extent, and the trend of increasing environmental pollution in coastal waters has been initially controlled, and the environmental quality in some sea areas has been improved.
1 Overview
Environmental protection is a basic national policy in China, and marine environmental protection, as an important part of it, has always been highly valued by the government. Since the Stockholm Conference on Human Environment in 1972, "Environmental Protection Law" and "Marine Environmental Protection Law" have been formulated and promulgated. After the Rio de Janeiro Conference in 1992, our government formulated the 21st Century Agenda for Environmental Protection in China and a national action plan aimed at protecting the ocean from land-based activities. In the process of economic construction, the state has stepped up the legalization process of marine environmental protection, and at present there are more than 3 laws and regulations related to marine environmental protection. Through the implementation of a series of pollution prevention and ecological protection measures, the environmental pressure brought by coastal economic construction and marine industry development has been alleviated to some extent. The theme of World Environment Day this year is "Every man is responsible for the survival of the ocean". In his speech, UN Secretary-General Kofi Annan emphasized that human society can no longer regard the world ocean as a convenient dumping ground or an inexhaustible source of wealth. Governments, enterprises and individuals are urged to show respect for the oceans again and make every effort to ensure the protection and sustainable utilization of natural resources. China responded positively and fulfilled its commitment to the ocean. During this period, a large-scale national joint law enforcement inspection on marine environmental protection was carried out and a white paper on marine environmental protection was published. The action shows that China is constantly strengthening the protection of the marine environment, the trend of increasing environmental pollution has been initially controlled, and the environmental quality of some sea areas has improved.
2 legal principles of marine environmental protection
2.1 legal framework of marine environmental protection in China
the marine environmental protection law is the general name of laws, regulations, rules and standards to prevent marine environmental pollution and ecological damage and protect and improve the marine environment. In 1979, China's first comprehensive basic law on environmental protection, the Law of the People's Republic of China on Environmental Protection (for Trial Implementation), stipulated the protection of the marine environment. In 1983, the Law of the People's Republic of China on Marine Environmental Protection was implemented, regulating the activities and behaviors of marine environmental protection in the sea areas and coastal areas under our jurisdiction. In 1999, according to the practice of marine environmental protection, the law was revised, and related contents such as marine ecological protection were added. This law is one of the environmental resources laws promulgated and implemented earlier in China, which is of great significance to effectively protect the marine ecological environment and promote the rational development and utilization of the ocean and the sustainable development of the marine economy. In order to implement the Marine Environmental Protection Law, supporting laws and regulations have been promulgated and implemented successively, such as regulations on the prevention of marine pollution by ships, regulations on the prevention of environmental pollution by ship dismantling, regulations on the prevention of pollution damage to the marine environment by coastal engineering construction projects, regulations on the prevention of pollution damage to the marine environment by land-based pollutants, regulations on environmental protection for offshore oil exploration and development, and regulations on marine dumping. Some laws and regulations closely related to marine environmental protection, such as water pollution prevention law, air pollution prevention law, solid waste pollution prevention law, fishery law, environmental impact assessment law, and nature reserve management regulations, have also played an important role. At the same time, a series of standard systems have been formulated. Such as: seawater quality standards, fishery water quality standards, pollutant discharge standards from ships, oily sewage discharge standards, comprehensive sewage discharge standards, comprehensive sewage discharge standards for marine disposal projects, marine functional zoning, and environmental functional zoning in coastal waters. These laws, regulations, standards and some local laws and regulations constitute the legal framework system of marine environmental protection in China and provide legal protection for marine environmental protection in China.
In addition, the international conventions to which China is a party also have an important binding effect on marine environmental protection. For example, the United Nations Convention on the Law of the Sea, the International Convention on Civil Liability for Oil Pollution Damage, the International Convention on Pollution Prevention from Ships, and the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Substances.
2.2 Main Principles of the Marine Environmental Protection Law
From 1982 to 1999, the "Marine Environmental Protection Law" was revised, which reflected the gradual improvement of China's marine environmental protection work and the change of thinking. The revised Marine Environmental Protection Law not only retains the principles of coordination between environmental protection and economic development, prevention first, combination of prevention and control, comprehensive management, polluter pays, developer protection, public participation, etc., but also focuses on the principles of adhering to environmental protection to promote sustainable economic and social development, paying equal attention to pollution prevention and ecological protection, and combining unified management with division of responsibilities. And embodies the integration with international conventions.
the principle of promoting the sustainable development of economy and society has been embodied in the purpose and purpose of legislation. The ocean is a huge treasure house of human resources. Marine environmental pollution, resource damage and ecosystem destruction will all affect the ability of sustainable economic and social development. In order to effectively protect the ecosystem, it is clear that people's governments at all levels should take effective measures to protect typical and representative marine ecosystems such as mangroves, coral reefs, coastal wetlands, islands, bays, estuaries and important fishery waters, natural concentrated distribution areas of rare and endangered marine organisms, living areas of marine organisms with important economic value and marine natural historical sites and natural landscapes with great scientific and cultural value. The damaged marine ecology with important economic and social value should be rectified and restored. It embodies the principle of paying equal attention to pollution prevention and ecological protection; Because marine activities involve many aspects? The protection and management of smoked marine environment also involves many administrative departments. The management responsibilities of each department are clearly divided. That is to say, it has formed a system in which governments at all levels are responsible for implementation, the competent administrative department of environmental protection is unified in supervision and management, and all relevant sea-related departments are supervised and managed in accordance with the law, and their respective responsibilities, powers and obligations are relatively clear and specific. It embodies the principle of combining unified management with division of responsibilities.
2.3 Main legal systems
In order to strengthen the management of the marine environment, the revised Marine Environmental Protection Law not only enriches the original contents of the time-limited governance system, the environmental impact assessment system, the "three simultaneities" system and the marine environmental pollution civil damage compensation system, but also stipulates some new management systems according to the actual needs. It mainly includes: marine functional zoning and marine environmental protection planning system, total pollutant control system in key sea areas, marine environmental standards system, sewage charges and dumping fees system, deadline treatment system, elimination system of backward technologies and equipment that seriously pollute the marine environment, marine environmental monitoring and surveillance information management system, marine pollution accident emergency system, on-site inspection system, ship oil pollution insurance and oil pollution damage compensation fund system, etc.
preventing pollution from ships is an important part of marine environmental protection. Due to the special nature of the pollution source from ships at sea, such as fluidity, internationality and serious pollution consequences, a considerable part of the main legal system at present is bound by the relevant international conventions, and the domestic legal system is also in line with international conventions as far as possible. For example, the United Nations Convention on the Law of the Sea requires States parties to take "generally accepted international rules and standards" as the minimum requirements for preventing, reducing and controlling marine pollution caused by ships; "MARPOL 73/78" requires that all countries of the ship, the country where the ship operates and the country where the violation occurs should prohibit pollution according to their own laws and take corresponding sanctions; The International Convention on Civil Liability for Oil Pollution Damage stipulates the exemption, scope of compensation, limitation of liability and compulsory insurance system of the shipowner. "International Convention on Oil Pollution Preparedness, Response and Cooperation" requires States parties to do a good job in emergency preparedness for major oil pollution accidents and to carry out regional and international cooperation systems. In order to be in line with international standards, China has proposed that the state should improve and implement the liability system for compensation for oil pollution damage of ships, and establish the system of oil pollution insurance and oil pollution damage compensation fund for ships according to the principle that the liability for compensation for oil pollution damage of ships is shared by the shipowner and the owner.
3 Main policies and measures for marine environmental protection at present
3.1 Prevention and control of marine pollution
1. General principles. Adhere to the strategy of sustainable development, take the restoration and improvement of water quality and ecological environment in coastal waters as the foothold, take the adjustment of industrial structure and the implementation of cleaner production as the basic approach, focus on the prevention and control of land-based pollution and coastal ecological protection, take the blue sea action as the carrier, make overall plans for rivers and seas, give consideration to land and sea, and strive to curb the trend of increasing pollution in coastal waters, implement the total discharge control system and pollution discharge permit system for land-based pollutants and marine pollutants in key waters, and basically improve the water quality of coastal waters and seas; Strengthen the legal system, rely on science and technology, strengthen supervision, and focus on the protection of the marine environment in the waters adjacent to coastal cities and the main estuaries.
2. fully implement the "blue sea action plan". The "Bohai Sea and Blue Sea Action Plan" approved by the State Council has achieved remarkable results since its implementation for more than two years. China is about to launch the Blue Sea Action Plan for the East China Sea and the South China Sea. The goal of the action plan is to adjust the industrial structure and reduce the pressure of social and economic development on the ecological environment by implementing the circular economy strategy and implementing the "Clean Production Promotion Law". The specific measures are to speed up the construction of urban sewage treatment plants and garbage disposal plants, to carry out ecological agriculture, ecological breeding, small watershed management, coastal shelterbelts, port and ship pollutant comprehensive treatment projects, and the construction of representative and typical marine ecological protection zones, so as to initially curb the further deterioration of the marine environment.
in the implementation of the national action plan, a mechanism of unity and pollution control has been established, in which the State Environmental Protection Administration provides guidance, coordination and supervision, comprehensive departments provide policies and funds, sea-related departments cooperate, and local governments implement it concretely. Water pollution prevention and control plans for key river basins and sea areas being implemented, and projects supported by the State under the guidance and supervision of the National Development and Reform Commission; The State Economic and Trade Commission guides and inspects the work related to industrial restructuring and cleaner production; The Ministry of Science and Technology is responsible for tackling key scientific and technological problems and building demonstration projects; The Ministry of Construction guides and supervises the implementation of urban sewage treatment plants and urban garbage disposal projects; The Ministry of Communications and other departments shall guide and supervise the implementation of the pollution prevention and control plan for port ships and the emergency plan for marine pollution; The Ministry of Water Resources shall guide and inspect the implementation of water and soil conservation and watershed management plans; The Ministry of Agriculture shall, jointly with relevant departments, guide and supervise the implementation of plans for ecological agriculture, ecological fisheries and ecological aquaculture; Forestry Bureau and other departments guide and supervise the implementation of coastal ecological isolation belt and greening projects; The Bureau of Oceanic Administration guides and supervises the work related to offshore oil platforms and ocean dumping; The environmental protection department of the army organizes and urges the prevention and control of pollution in the military port of warships.
3. Fully implement the system of total discharge control into the sea. China has been carrying out the pilot work of marine environmental capacity research. On the basis of in-depth investigation and study, the environmental capacity of each sea area is calculated to control the total amount of sewage discharged into the sea by capacity, and then the total amount is proposed to be reduced. Strictly control the discharge of pollutants from land sources, ships and aquaculture, intensify comprehensive improvement, carry out cleaner production audit, adjust industrial structure, strengthen source control, standardize environmental management of construction projects and other measures. While the economic aggregate and pollutant production have increased greatly, the total pollutant discharge has been well controlled, and the total pollutant discharge into the sea has decreased. Strengthen the control of key industrial pollution sources, promote clean production, transform traditional industries with high technology, and reduce the amount of industrial waste. Realize the reduction, harmlessness and resource utilization of pollutants. From the end treatment to the whole process control, strictly implement the discharge of pollution sources up to standard. For new industrial enterprises, the environmental assessment system and the three simultaneous systems shall be strictly implemented. Achieve a planned reduction in the total amount of pollutant emissions. Accelerate the construction of urban sewage treatment plants and garbage disposal sites, improve the construction of pipe networks, and improve the phosphorus and nitrogen removal capacity of sewage treatment plants. It is required that the centralized sewage treatment rate of all coastal cities should be no less than 7% in 21. By means of "city test" and "creation mode", we will control and reduce the amount of urban sewage.
4. Control agricultural non-point source pollution and mariculture pollution. Through the establishment of ecological provinces, cities and counties, we will actively develop ecological agriculture, reduce the application of chemical fertilizers and pesticides, standardize the construction of livestock and poultry farms, treat pollutants centrally, and meet the discharge standards. Promulgate pollutant discharge standards for mariculture, strictly control the scale of mariculture, promote ecological culture and three-dimensional culture, and reduce pollutant discharge.
5. Strictly control the pollution of ships and ports. By strengthening the legal construction of ship pollution prevention and control, establishing a new working mechanism with the content of "cooperation, prevention, pre-control and integrity management", strengthening the construction of emergency response ability of ship pollution accidents, strictly enforcing the law and standardizing management, the pollution control situation of ships and ports has been improved year by year. Start the zero discharge of oil pollutants from ships and implement the lead sealing system of ship sewage equipment. Establish a large-scale port wastewater, waste oil and garbage recovery and treatment system to realize centralized recovery of ship pollutants and onshore treatment. All localities have strengthened the examination and approval of dangerous goods transported by ships and on-site supervision and inspection, carried out special inspections on ship pollution prevention, actively promoted the formulation of emergency plans for ship pollution at sea and the construction of emergency response systems, urged ports and ships to be equipped with pollution emergency equipment, and improved their defense capabilities against pollution accidents.
6. Prevent dumping and oil pollution at sea.
Strictly manage and control the dumping of wastes into the sea, scientifically select dumping areas according to procedures, strictly implement the regulations on marine dumping and the environmental assessment system, and fully demonstrate. And strengthen the supervision of the dumping process and environmental monitoring. Drilling, oil production and operation platforms are required to be equipped with corresponding oily water treatment facilities to meet the discharge standards.
3.2 marine ecological protection
1. Construction of marine ecological protection zones. Guided by the "National Ecological Environment Construction Plan" and the "National Ecological Environment Protection Outline", we will adhere to the principle of paying equal attention to pollution prevention and ecological protection, strengthen the construction of marine nature reserves, protect marine biodiversity and prevent the overall deterioration of the marine ecological environment. At present, China has built more than 8 marine nature reserves, including 24 national ones. The construction of these protected areas has played a very good role in protecting typical coastal, tidal flat, estuary, wetland, island, mangrove and coral reef ecosystems.
2. Protect marine fishery resources. The fishery authorities have formulated a "double control" system to control the increase in the number and power of marine fishing vessels, and intensified efforts to control the number of new fishing vessels and reduce the number of existing fishing vessels. The management of the closed fishing line, the construction of artificial fish reef, the proliferation and release, the system of closed fishing in summer and the plan of "zero growth" and "negative growth" of marine fishing output have achieved remarkable results. Through the combination of special operations and daily law enforcement management, illegal fishing operations such as electricity, drugs and fish frying have been effectively cracked down. These measures have promoted the optimization and adjustment of operation structure, restored fishery resources to a certain extent and improved the diversity of resources.
3. Construction of coastal shelterbelts. After more than ten years of construction, the "National Master Plan for Coastal Shelterbelt System Construction" has achieved good results. After the first phase of the national coastal shelter forest system was completed, the forest coverage rate in the project area increased from 24.5% to 35.5%. current