水污染防治領(lǐng)域執(zhí)法問題的實證研究
發(fā)布時間：2019-01-27 08:39
【摘要】：從上世紀70年代起,我國就提出了對于環(huán)境污染應(yīng)實行“防治結(jié)合,以防為主”的方針,并曾頻頻告誡國人,我們不應(yīng)該走資本主義國家“先污染后治理的老路”。但是30多年過去了,事實說明我們并沒有有效地防治水污染的發(fā)展。近年來,在水的緊張供需關(guān)系以及水污染的雙重壓力下,水環(huán)境問題日趨嚴重。 《中華人民共和國水污染防治法》是我國在內(nèi)陸水污染防治方面比較全面的綜合性法律,在一定程度上遏制了全國各大流域水質(zhì)迅速惡化的勢頭。然而由于該法沒有很好的觸動水污染控制手段,自實施以來并沒有完全實現(xiàn)預(yù)期立法目的,仍存在一些值得推敲、深思的問題。如“不正常使用水污染物處理設(shè)施”、“超標排放”及“私設(shè)暗管”界限不明確,法條適用困難;“應(yīng)繳納排污費數(shù)額”運用不科學(xué);存在違反過罰相當原則的情形;限期治理制度不完善;對違法企業(yè)的懲處力度不徹底等值得深思的問題。 本文從基層環(huán)保部門在水污染防治領(lǐng)域執(zhí)法過程中遇到的主要問題入手,在介紹相關(guān)法律法規(guī)及司法解釋的基礎(chǔ)上,詳細分析執(zhí)法困難的原因所在。并根據(jù)自己的基層執(zhí)法經(jīng)驗,圍繞《水污染防治法》的立法精神,針對執(zhí)法中存在的不同問題,提出相應(yīng)的完善建議。全文共分為四個部分。 第一部分:介紹我國水資源污染現(xiàn)狀、水污染防治立法情況及環(huán)境執(zhí)法中存在的主要問題。 第二部分:分析“不正常使用”和“超標排放”的區(qū)別,并就如何完善相關(guān)條款提出建議。 第三部分:分析“應(yīng)繳納排污費數(shù)額”在執(zhí)行中存在的問題,并就如何正確理解及更好執(zhí)行“應(yīng)繳納排污費數(shù)額”提出建議。 第四部分:分析“私設(shè)暗管”的內(nèi)涵,就如何處理私設(shè)暗管且超標排放的行為提出建議。
[Abstract]:Since the 1970s, China has put forward the policy of "combining prevention and control, prevention and treatment" for environmental pollution, and has warned people frequently that we should not follow the old road of "pollution first and then control" in capitalist countries. But more than 30 years later, it turns out that we have not developed effectively to prevent water pollution. In recent years, under the pressure of water supply and demand and water pollution, the problem of water environment is becoming more and more serious. The Law of the people's Republic of China on the Prevention and Control of Water pollution is a comprehensive law in the field of inland water pollution prevention and control in China, which to a certain extent has restrained the rapid deterioration of water quality in all major watersheds in China. However, because the law has not touched the water pollution control means well, it has not fully realized the expected legislative purpose since its implementation, and there are still some problems worth studying and pondering. For example, "improper use of water pollutant treatment facilities", "excessive discharge" and "private hidden pipe" are not clearly defined, the application of the law is difficult; "the amount of sewage charge shall be paid" is unscientific; there are cases where the principle of excessive penalty is violated; Time-limited governance system is not perfect; the punishment of illegal enterprises is not thorough and so on. Based on the introduction of relevant laws and regulations and the judicial interpretation, this paper analyzes in detail the reasons for the difficulties in enforcing the law, starting with the main problems encountered in the law enforcement process in the field of water pollution prevention and control by the environmental protection departments at the grass-roots level. According to their own experience of law enforcement at the grass-roots level, and around the legislative spirit of "Water pollution Prevention and Control Law", this paper puts forward corresponding suggestions to improve the law enforcement in the light of the different problems existing in the law enforcement. The full text is divided into four parts. The first part introduces the present situation of water resources pollution, the legislation of water pollution prevention and the main problems in environmental law enforcement. The second part analyzes the difference between abnormal use and excess emission, and puts forward some suggestions on how to perfect the relevant provisions. The third part analyzes the problems existing in the implementation of "the amount of sewage charge payable", and puts forward some suggestions on how to correctly understand and better carry out the "amount of sewage charge due to be paid". The fourth part: analyzes the connotation of "private concealed pipe", and puts forward some suggestions on how to deal with the behavior of private concealed pipe and discharge exceeding the standard.
【學(xué)位授予單位】：西南政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D922.68
本文編號：2416102
[Abstract]:Since the 1970s, China has put forward the policy of "combining prevention and control, prevention and treatment" for environmental pollution, and has warned people frequently that we should not follow the old road of "pollution first and then control" in capitalist countries. But more than 30 years later, it turns out that we have not developed effectively to prevent water pollution. In recent years, under the pressure of water supply and demand and water pollution, the problem of water environment is becoming more and more serious. The Law of the people's Republic of China on the Prevention and Control of Water pollution is a comprehensive law in the field of inland water pollution prevention and control in China, which to a certain extent has restrained the rapid deterioration of water quality in all major watersheds in China. However, because the law has not touched the water pollution control means well, it has not fully realized the expected legislative purpose since its implementation, and there are still some problems worth studying and pondering. For example, "improper use of water pollutant treatment facilities", "excessive discharge" and "private hidden pipe" are not clearly defined, the application of the law is difficult; "the amount of sewage charge shall be paid" is unscientific; there are cases where the principle of excessive penalty is violated; Time-limited governance system is not perfect; the punishment of illegal enterprises is not thorough and so on. Based on the introduction of relevant laws and regulations and the judicial interpretation, this paper analyzes in detail the reasons for the difficulties in enforcing the law, starting with the main problems encountered in the law enforcement process in the field of water pollution prevention and control by the environmental protection departments at the grass-roots level. According to their own experience of law enforcement at the grass-roots level, and around the legislative spirit of "Water pollution Prevention and Control Law", this paper puts forward corresponding suggestions to improve the law enforcement in the light of the different problems existing in the law enforcement. The full text is divided into four parts. The first part introduces the present situation of water resources pollution, the legislation of water pollution prevention and the main problems in environmental law enforcement. The second part analyzes the difference between abnormal use and excess emission, and puts forward some suggestions on how to perfect the relevant provisions. The third part analyzes the problems existing in the implementation of "the amount of sewage charge payable", and puts forward some suggestions on how to correctly understand and better carry out the "amount of sewage charge due to be paid". The fourth part: analyzes the connotation of "private concealed pipe", and puts forward some suggestions on how to deal with the behavior of private concealed pipe and discharge exceeding the standard.
【學(xué)位授予單位】：西南政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D922.68
【引證文獻】
相關(guān)碩士學(xué)位論文 前1條
1 朱金鳳;超聲再生吸附飽和活性灰的試驗研究[D];蘭州交通大學(xué);2013年
，本文編號：2416102
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