我国船舶企业环境责任法律问题研究
发布时间：2019-01-27 08:39
【摘要】： 目前国际社会对环境保护日益重视的大环境下,中国的造船业发展迅猛,在世界造船市场上形成“三分天下有其一”之势。仅手持的订单份便已上升至全球订单的17%左右。同时,国内的大船东也纷纷定购船舶以扩充运力。虽然目前情况下,我国船舶企业环境责任问题未至严重凸显,但基于维护船舶企业发展和国家环境利益、发展航运经济以及保护海洋和内河环境之考虑,对于船舶企业环境责任的研究已是迫在眉睫。加强法律适用等方面问题的调查和研究,探寻我国亟需制定的适合国情的船舶企业环境责任承担机制成为法学框架下环境法领域的挑战之一。 本文除绪论和结论外,共分为四个部分围绕船舶企业环境责任问题进行论述。从船舶企业环境责任所应当涉及的基本问题着手,研究船舶企业、企业社会责任、企业环境责任的一般理论,以及船舶企业环境责任承担与一般环境责任的比较分析,进一步论述了船舶企业环境责任的特殊性所在。从我国实际情况出发,结合我国船舶企业环境责任的具体问题,讨论船舶企业环境责任问题研究具有的现实意义和相当的必要性,揭示目前船舶企业存在的环境污染问题以及该问题产生的后果,并研究了国际相关船舶企业环境责任问题的研究成果与相关的法律制度,对各国先进的相关做法进行评介的同时对国际上船舶企业环境责任问题的研究特点进行总结,为我国适用国际船舶企业环境责任管理模式,找出需要解决的问题和提供法律转换的技术支撑。 最终,笔者通过研究,对我国船舶企业环境责任制度提出了适合我国国情的的构建设想,结合法学视域下对于该问题法律研究的应有理念和应当遵循的基本原则,提出相关立法建议。
[Abstract]:At present, the international community is paying more and more attention to the environment of environmental protection, the shipbuilding industry of China is developing rapidly, forming the trend of "three parts of the world have one" in the world shipbuilding market. Handheld orders alone have risen to about 17% of global orders. At the same time, domestic large shipowners have also ordered ships to expand capacity. Although the problem of environmental responsibility of shipbuilding enterprises in China has not been seriously highlighted at present, in order to safeguard the development of shipping enterprises and the national environmental interests, to develop shipping economy and to protect the marine and inland water environment, It is urgent to study the environmental responsibility of shipbuilding enterprises. It is one of the challenges in the field of environmental law under the framework of law to strengthen the investigation and research on the application of law and to explore the environmental responsibility assumption mechanism of shipbuilding enterprises which is in urgent need of our country. In addition to the introduction and conclusion, this paper is divided into four parts to discuss the environmental responsibility of shipping enterprises. Starting with the basic problems that should be involved in the environmental responsibility of shipbuilding enterprises, this paper studies the general theory of shipbuilding enterprises, corporate social responsibility, corporate environmental responsibility, and the comparative analysis of the assumption of environmental responsibility and general environmental responsibility of shipbuilding enterprises. Furthermore, the particularity of environmental responsibility of shipbuilding enterprises is discussed. Based on the actual situation of our country and the specific problems of environmental responsibility of shipbuilding enterprises in China, this paper discusses the practical significance and necessity of the study on the environmental responsibility of shipbuilding enterprises. This paper reveals the problem of environmental pollution existing in the shipbuilding enterprises and the consequences of the problem, and studies the research results and the relevant legal system of the environmental responsibility of the international shipbuilding enterprises. At the same time, it summarizes the characteristics of the research on the environmental responsibility of the international shipbuilding enterprises, and applies the management mode of the environmental responsibility of the international shipbuilding enterprises to our country. Identify problems to be solved and provide technical support for legal conversion. Finally, through the research, the author puts forward the idea of constructing the environmental responsibility system of the shipbuilding enterprises in our country, combining with the concept of the legal research and the basic principles to be followed in the legal research of this problem under the legal field of law. To put forward relevant legislative suggestions.
【学位授予单位】：哈尔滨工程大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.29;D922.68;F426.474
本文编号：2416101
[Abstract]:At present, the international community is paying more and more attention to the environment of environmental protection, the shipbuilding industry of China is developing rapidly, forming the trend of "three parts of the world have one" in the world shipbuilding market. Handheld orders alone have risen to about 17% of global orders. At the same time, domestic large shipowners have also ordered ships to expand capacity. Although the problem of environmental responsibility of shipbuilding enterprises in China has not been seriously highlighted at present, in order to safeguard the development of shipping enterprises and the national environmental interests, to develop shipping economy and to protect the marine and inland water environment, It is urgent to study the environmental responsibility of shipbuilding enterprises. It is one of the challenges in the field of environmental law under the framework of law to strengthen the investigation and research on the application of law and to explore the environmental responsibility assumption mechanism of shipbuilding enterprises which is in urgent need of our country. In addition to the introduction and conclusion, this paper is divided into four parts to discuss the environmental responsibility of shipping enterprises. Starting with the basic problems that should be involved in the environmental responsibility of shipbuilding enterprises, this paper studies the general theory of shipbuilding enterprises, corporate social responsibility, corporate environmental responsibility, and the comparative analysis of the assumption of environmental responsibility and general environmental responsibility of shipbuilding enterprises. Furthermore, the particularity of environmental responsibility of shipbuilding enterprises is discussed. Based on the actual situation of our country and the specific problems of environmental responsibility of shipbuilding enterprises in China, this paper discusses the practical significance and necessity of the study on the environmental responsibility of shipbuilding enterprises. This paper reveals the problem of environmental pollution existing in the shipbuilding enterprises and the consequences of the problem, and studies the research results and the relevant legal system of the environmental responsibility of the international shipbuilding enterprises. At the same time, it summarizes the characteristics of the research on the environmental responsibility of the international shipbuilding enterprises, and applies the management mode of the environmental responsibility of the international shipbuilding enterprises to our country. Identify problems to be solved and provide technical support for legal conversion. Finally, through the research, the author puts forward the idea of constructing the environmental responsibility system of the shipbuilding enterprises in our country, combining with the concept of the legal research and the basic principles to be followed in the legal research of this problem under the legal field of law. To put forward relevant legislative suggestions.
【学位授予单位】：哈尔滨工程大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.29;D922.68;F426.474
【引证文献】
相关期刊论文 前1条
1 张英奎;姚水洪;李心;;提升企业“软实力”的内涵与机理分析[J];管理世界;2012年06期
，本文编号：2416101
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