The Research On The Legal Liability Clause Of Local Legislation Of Water Resources

As a natural resource that affects human survival and development,water resources have irreplaceable ecological value,economic value and social value.The important role of water resources in people’s production and life is self-evident.Improving the legal liability clause of local legislation of water resources not only helps to enrich the theory of the legal liability clause of local legislation and to improve the quality of local legislation of water resources,but also helps to improve the efficiency of law enforcement and to improve water pollution and water scarcity.Comparing the legal liability clause in the 103 local legislation texts of water resources,it can be found that the legal liability clause of local legislation of water resources has problems such as unreasonable structure,repeated legislation,unclear content,and too general expression.The reasons include: lack of in-depth and systematic research on the legal liability clause of local legislation of water resources;insufficient level of local rule of law team building;the path dependencies that the legal liability clause of local legislation of water resources “refer,imitate,repeat” the legal liability clause of central legislation of water resources have not been overcome.In order to improve the establishment of the legal liability clause of local legislation of water resources,the following points need to be made: First,arrange the structure of the legal liability clause of local legislation of water resources scientifically and reasonably.Specifically,delete or not set the criminal liability clause of local legislation of water resources;reduce the expression pattern of selecting general formula;carefully select the expression pattern of behavior narrative;appropriately increase the expression pattern of the corresponding clause of the clause;use the expression pattern of the comprehensive expression when it is necessary.For the setting method of fine amount,appropriately increase the setting method of the combination,and relatively reduce the individual setting method.Second,improve the legislative duplication of the legal liability clause of local legislation of water resources.Specifically,reduce the situation that the legal liability clause of local legislation of water resources repeat the legal liability clause of central legislation of water resources;increase the refinement provisions;define the subject of enforcement and the object of punishment;define legal liability according to different illegal acts;optimize the creative rules,improve the ability of local legislation of water resources,and strengthen team building.Third,coordinately allocate administrative punishment responsibility form of the legal liability clause of local legislation of water resources.Specifically,pay attention to the admonition punishment,mainly to give full play to the deterrent and educational functions of warnings;properly set property punishment,mainly to set the amount of fines after argument and have a pre-correction mechanism;actively use behavior punishment,mainly to actively use the temporary deduction of license and the revocation of license.