更新时间:2024-09-07
与宪法同行:水资源保护那些事
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Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第5期  
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Article 9 of the Constitution clarifies the national ownership of water resources, emphasizes the importance of protecting natural resources, and prohibits any form of encroachment or destruction. Protecting water resources is the responsibility and obligation of citizens.

Related laws and regulations on water resource protection

China has formulated laws such as the Water Law, Soil and Water Conservation Law, Water Pollution Prevention and Control Law, as well as relevant provisions in the Civil Code and Criminal Law, for the rational development, utilization, conservation, protection and management of water resources. At the same time, there are administrative regulations such as the "Groundwater Management Regulations," "Urban Water Supply Regulations," and "Regulations on the Administration of Water Abstraction Permits and Water Resource Fees Collection," which provide legal regulation for water resource activities.

Taking water without approval is an illegal act

Discussed legal issues related to water resource protection, particularly the illegal act of unauthorized water extraction. Through a case of illegal water extraction by a construction company, it is explained that water resources belong to the state, and water extraction must comply with the water extraction permit system and the paid use system. The Water Law of the People's Republic of China stipulates the requirements for the payment of water intake permits and water resource fees, and sets punishment measures for illegal activities, including ordering the cessation of illegal activities, taking remedial measures, fines, and even revoking water intake permits.

Toxic fish in drinking water source protection areas may constitute a crime

Zhang San and Li Si used poisonous fish medicine in the first level protected area of drinking water sources, resulting in a large number of fish deaths and water plant shutdowns, which violated the "Regulations on Pollution Prevention and Control Management of Drinking Water Source Protection Areas" and the "Criminal Law of the People's Republic of China". Their behavior is suspected of the crime of polluting the environment, and if it endangers public safety and causes serious consequences, it may also constitute the crime of releasing hazardous substances.

Damage caused by water pollution can be claimed from the polluting party

Wang Wu's chicken farm suffered a large number of deaths due to wastewater discharged from nearby factories, and fish and shrimp in the river were also affected. The environmental protection department confirmed that the factory's emissions exceeded the standard, and Wang Wu filed a lawsuit with the court demanding compensation. According to the Water Pollution Prevention and Control Law of the People's Republic of China, the party affected by water pollution has the right to demand compensation from the polluting party for the losses. The polluting party must prove that there is no causal relationship or exemption from liability, otherwise it shall bear the liability for compensation. The case emphasizes the importance of water resource protection and the regulation of pollution behavior by law.

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