On The Perfection Of Water Administrative Penalty Discretion

The research on water right system has become the hot spot because of the growing shortage of water resources.In "Opinions about accelerating the construction of ecological civilization” which was released by central government in 2005 included the construction of ecological water civilization in national five-year plan.In this situation,water administrative enforcement facing new requirements and challenges.In recent years,the scope of discretion of water administrative expanded with the increased functions of water administrative department.As the core of the water administrative power,it is a must for the use of discretion about water administrative penalty positively in the management of water administrative enforcement.If using discretion about water administrative unreasonably,it will hurt the interests of related parties and affect the justice and authority of water law system at the same time,and even impede the process of law development of a country.Therefore,understanding discretion of water administrative penalty correctly,regulating it reasonably and effectively and making it play a role in appropriate range have an important meaning in promoting the water administrative department to act according to law and constructing the system of ecological water civilization.The title of this paper is "On the perfection of water administrative penalty discretion"which is based on the whole system of discretion of administrative penalty.On base of the situation of current water administrative punishment,it points out the defects and deficiencies in the legislation and practice in our country,makes a clear attitude to the necessity and feasibility of administrative control.Finding out prominent problems in discretion of water administrative penalty by studying the process of using discretion of water administrative penalty and analyzing specific case.After doing that,analyzing related problems and finding solutions in order to build the system of a more better administrative measures of discretion about water administrative penalty.