The Research On Legal Liability Of Discharging Excessive Water Pollutants

The article seventy-fourth of the newly-revised law on Prevention and Control ofWater Pollution clarifies the illegality and legal liability of discharging excessive waterpollutants for the first time, surpassing the upper limit of administrative penalty. It relatesthe amount of the fine to discharge fee payable and implements magnification type penaltysystem. However, the law is too principle and it causes confusions to specificallyapplicable law of law enforcement agencies. In addition, the effect of the law applicationwill go against the intention of increasing punishment.First of all, the thesis will expore the basic theories of legal liability of dischargingexcessive water pollutants, define related concepts and clarify the evolution and analyzethe value of the current penalty system. Secondly, it will probe into the applicability of thelaw according to direct discharge and indirect discharge due to their differences on actnature, discharge manner and applicable standards. Lastly, it will analyze the article'senforcement and discover its defects. Relation of the amount of the fine to discharge feepayable put forward by article seventy-fourth causes disorder in application and difficultyin law enforcement. It violates the intention of increasing penalty. Therefore, the thesissuggests concelling the regulation of relating the amount of the fine to discharge feepayable and restoring the fine amount together with the daily penalty to assit the dischargeof excessive water pollutants.