水污染防治领域执法问题的实证研究
发布时间：2019-01-27 08:39
【摘要】：从上世纪70年代起,我国就提出了对于环境污染应实行“防治结合,以防为主”的方针,并曾频频告诫国人,我们不应该走资本主义国家“先污染后治理的老路”。但是30多年过去了,事实说明我们并没有有效地防治水污染的发展。近年来,在水的紧张供需关系以及水污染的双重压力下,水环境问题日趋严重。 《中华人民共和国水污染防治法》是我国在内陆水污染防治方面比较全面的综合性法律,在一定程度上遏制了全国各大流域水质迅速恶化的势头。然而由于该法没有很好的触动水污染控制手段,自实施以来并没有完全实现预期立法目的,仍存在一些值得推敲、深思的问题。如“不正常使用水污染物处理设施”、“超标排放”及“私设暗管”界限不明确,法条适用困难;“应缴纳排污费数额”运用不科学;存在违反过罚相当原则的情形;限期治理制度不完善;对违法企业的惩处力度不彻底等值得深思的问题。 本文从基层环保部门在水污染防治领域执法过程中遇到的主要问题入手,在介绍相关法律法规及司法解释的基础上,详细分析执法困难的原因所在。并根据自己的基层执法经验,围绕《水污染防治法》的立法精神,针对执法中存在的不同问题,提出相应的完善建议。全文共分为四个部分。 第一部分:介绍我国水资源污染现状、水污染防治立法情况及环境执法中存在的主要问题。 第二部分:分析“不正常使用”和“超标排放”的区别,并就如何完善相关条款提出建议。 第三部分:分析“应缴纳排污费数额”在执行中存在的问题,并就如何正确理解及更好执行“应缴纳排污费数额”提出建议。 第四部分:分析“私设暗管”的内涵,就如何处理私设暗管且超标排放的行为提出建议。
[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.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68
本文编号：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.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前1条
1 朱金凤;超声再生吸附饱和活性灰的试验研究[D];兰州交通大学;2013年
，本文编号：2416102
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