拆船相关法律问题研究
发布时间：2019-05-16 00:56
【摘要】：拆船业被称为“无烟冶金工业”,对资源进行循环利用,为老旧船舶的退役提供了一条良好的途径。拆船也的发展可以迅速拆解超龄船舶以免污染海洋环境,另一方面提供大量的钢材,减少从国外进口废钢和铁矿石的费用支出。 同时,拆船行业也是一个高风险和高污染的行业,如果不对拆船行业进行规制,容易造成拆船环境污染而且容易对于拆船工人的人身和安全造成危害。为了最大限度的实现安全和无害环境拆船,2009年5月在香港通过了《国际安全和无害化环境拆船公约》,公约成为首部在全球范围内使用的有关拆船的国际强制性规定。 目前中国的拆船相关法律条文见在各个法律规范中,且法律规范效力不一,需要理清；仍然许多相关法律空白处,需要提出相关立法建议。《香港公约》的实行要求国内法化,近两年,中国也加快了拆船的相关立法。为此,对拆船相关法律问题的分析是具有现实意义和现实价值的。 本文在引言中首先介绍了文章的研究意义、研究内容和研究现状。正文部分主要分为五个部分,拆船的概述,并根据拆船的主体,客体,直接行为人来阐述各自的相关法律规范,最后阐述拆船污染的法律责任。第一部分概述了拆船行业,以及整理了我国国内拆船的规范行法律文件,对主要的规定进行介绍并加以分析指出其存在的缺陷和不足；并对相关的国际公约进行分析；第二部分针对于拆船的客体——废船,比较了国内法和香港公约的相关规定,并提出相关的建议；第三部分针对于拆船的主体——拆船企业,比较了国内法和香港公约的相关规定,并提出相关的建议；第四部分针对于拆船的直接行为人——拆船工人,比较了国内法和香港公约的相关规定,并提出相关建议。第五部分阐述了拆船污染的法律责任,并以行政责任,民事责任,刑事责任来划分拆船污染的相关法律责任。
[Abstract]:Ship dismantling industry is called "smoke-free metallurgical industry". Recycling of resources provides a good way for the decommissioning of old ships. The development of ship dismantling can quickly dismantle over-age ships to avoid polluting the marine environment, on the other hand, provide a large number of steel, reduce the cost of importing scrap and iron ore from abroad. At the same time, ship dismantling industry is also a high risk and high pollution industry, if the ship dismantling industry is not regulated, it is easy to cause ship dismantling environmental pollution and easy to cause harm to the personal and safety of ship dismantling workers. In order to maximize the safe and environmentally sound dismantling of ships, the International Convention on the safe and harmless Environmental dismantling of ships was adopted in Hong Kong in May 2009, which became the first international mandatory requirement for ship dismantling to be used on a global scale. At present, the relevant legal provisions of ship dismantling in China are seen in various legal norms, and the effects of legal norms are different, so it needs to be clarified. There are still many gaps in relevant laws, and relevant legislative suggestions need to be put forward. The implementation of the Hong Kong Convention requires domestic legalization, and in the past two years, China has also accelerated the relevant legislation on ship dismantling. Therefore, the analysis of the legal issues related to ship dismantling is of practical significance and practical value. In the introduction, this paper first introduces the research significance, research content and research status. The main body is mainly divided into five parts, an overview of ship dismantling, and according to the subject, object and direct actor of ship dismantling, the relevant legal norms are expounded, and finally the legal liability of ship dismantling pollution is expounded. The first part summarizes the ship dismantling industry, as well as collates the domestic legal documents of ship dismantling, introduces and analyzes the main provisions and points out its defects and shortcomings, and analyzes the relevant international conventions. The second part compares the relevant provisions of domestic law and Hong Kong Convention for the object of ship dismantling-waste ship, and puts forward some relevant suggestions. The third part compares the relevant provisions of domestic law and Hong Kong Convention for the main body of ship dismantling enterprises, and puts forward some relevant suggestions. The fourth part compares the relevant provisions of domestic law and Hong Kong Convention for the direct perpetrator of ship dismantling, and puts forward some relevant suggestions. The fifth part expounds the legal liability of ship dismantling pollution, and divides the related legal liability of ship dismantling pollution by administrative liability, civil liability and criminal liability.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996;D922.6;F426.474
本文编号：2477896
[Abstract]:Ship dismantling industry is called "smoke-free metallurgical industry". Recycling of resources provides a good way for the decommissioning of old ships. The development of ship dismantling can quickly dismantle over-age ships to avoid polluting the marine environment, on the other hand, provide a large number of steel, reduce the cost of importing scrap and iron ore from abroad. At the same time, ship dismantling industry is also a high risk and high pollution industry, if the ship dismantling industry is not regulated, it is easy to cause ship dismantling environmental pollution and easy to cause harm to the personal and safety of ship dismantling workers. In order to maximize the safe and environmentally sound dismantling of ships, the International Convention on the safe and harmless Environmental dismantling of ships was adopted in Hong Kong in May 2009, which became the first international mandatory requirement for ship dismantling to be used on a global scale. At present, the relevant legal provisions of ship dismantling in China are seen in various legal norms, and the effects of legal norms are different, so it needs to be clarified. There are still many gaps in relevant laws, and relevant legislative suggestions need to be put forward. The implementation of the Hong Kong Convention requires domestic legalization, and in the past two years, China has also accelerated the relevant legislation on ship dismantling. Therefore, the analysis of the legal issues related to ship dismantling is of practical significance and practical value. In the introduction, this paper first introduces the research significance, research content and research status. The main body is mainly divided into five parts, an overview of ship dismantling, and according to the subject, object and direct actor of ship dismantling, the relevant legal norms are expounded, and finally the legal liability of ship dismantling pollution is expounded. The first part summarizes the ship dismantling industry, as well as collates the domestic legal documents of ship dismantling, introduces and analyzes the main provisions and points out its defects and shortcomings, and analyzes the relevant international conventions. The second part compares the relevant provisions of domestic law and Hong Kong Convention for the object of ship dismantling-waste ship, and puts forward some relevant suggestions. The third part compares the relevant provisions of domestic law and Hong Kong Convention for the main body of ship dismantling enterprises, and puts forward some relevant suggestions. The fourth part compares the relevant provisions of domestic law and Hong Kong Convention for the direct perpetrator of ship dismantling, and puts forward some relevant suggestions. The fifth part expounds the legal liability of ship dismantling pollution, and divides the related legal liability of ship dismantling pollution by administrative liability, civil liability and criminal liability.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996;D922.6;F426.474
【引证文献】
相关硕士学位论文 前2条
1 高蕾;多层次灰色评价法在船舶再循环中的应用研究[D];大连海事大学;2012年
2 石嘉;防止拆船环境污染法律问题研究[D];大连海事大学;2013年
，本文编号：2477896
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2477896.html
