非法占用海域行为的刑法规制探析

因陆地资源逐步紧缺，人类活动向海洋进一步延伸，我国对海洋资源的认识程度和利用能力皆有显著提高，随之而来的便是部分企业和个人对海洋资源的无节制使用及开发，非法围海、占海甚至填海，致使海洋生态环境恶化，地方可持续发展存在障碍，国家海洋经济遭受损失。依据我国现有法律法规，加大对非法占有海域行为进行管控确有成效。然因在实践过程中存在政府越权审批、巨额利益驱使、惩戒力度不够等因素，使得非法占用海域现象屡禁不止，且非法占用行为发生后恢复海域原状之目的难以有效实现。为保障海洋经济、文化永续发展，应用最严格和最严密的法治保护国家海岸线和海洋生态环境安全；使行政执法与刑事规制相衔接，建立信息互联共享机制；成立专项组整治非法占用海域行为，形成示范效应，为日后打击此类案件积累经验。

An Analysis of the Criminal Law Regulation of IllegalOccupation of Sea Area

Due to the gradual shortage of land resources and the further extension of human activities to the ocean, the degree of understanding and utilization of marine resources have been significantly improved by China. This is followed by some enterprises and individuals to the marine resources of the uncontrolled use and development: illegal sea reclamation, occupation or even reclamation, which have resulted in the deterioration of the marine ecological environment, obstacles to local sustainable development and losses to the national marine economy. Strengthening the control of illegal occupation of sea areas in accordance with existing laws and regulations has been effective. However, in the process of practice, there are some factors, such as government overstepping its authority in approval, huge profits, insufficient punishment, and other factors. As a result, the phenomenon of illegal occupation of the sea area has been continued despite repeated prohibition. Moreover, the purpose of restoring the original state of the sea area after illegal occupation is difficult to realize effectively. In order to ensure the sustainable development of marine economy and culture, the strictest rule of law should be applied to protect the national coastline and marine ecological environment, so as to connect administrative law enforcement with criminal regulation and establish an information sharing mechanism. Meanwhile, a special group should be set up to combat illegal occupation of sea areas with the purpose of accumulating experience in combating such cases in the future.