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2011年6月初,渤海蓬莱19-3油田发生溢油事故,造成重大生态环境损害。海洋溢油生态损害的法律责任,应当坚持以行政责任为主并加以完善。罚款制度的设计上,可借鉴相关法律的规定,对责任者处以生态损害损失总额一定比例的罚款,比例数字按照具体损害程度确定,同时取消罚款限额,实现通过行政责任遏止海洋溢油生态损害的目的。
In early June 2011, an oil spill occurred in Penglai 19-3 oil field in Bohai Bay, causing major ecological damage. The legal responsibility of marine oil spill ecological damage should be based on administrative responsibility and be improved. The design of the penalty system can learn from the provisions of the relevant laws and impose a fine of a certain percentage of the total loss of ecological damage to the responsible persons, the figures of which are determined according to the degree of concrete damage and the fine limits are canceled at the same time so as to achieve the goal of deterring the ecological damage of marine oil spills through administrative responsibilities purpose.