Study On The Problem Of "Demolition And Closure" Of Construction Projects For Drinking Water Source Protection Areas

The current regulations on the demolition and closure of construction projects in drinking water source protection areas in China are mainly reflected in the Principled provision of the Water Pollution Prevention Law and other separate laws and regulations as well as the drinking water source protection regulations formulated by various localities.By sorting out the above laws and regulations,it is found that there are some imperfections in the current relevant legal provisions,mainly because the scope of the need to dismantle and close the protected areas is not clear.The basis for the government to make the decision to dismantle and close is not clear,and it is not clear whether There is a need for compensation or other consequences.The existence of these problems makes the unreasonable demolition and closure of projects and facilities in the protected area in the process of the government's implementation of the special rectification actions in the water source protection area,which has led to many related Administrative litigation and civil litigation.When the court handled similar disputes,due to the ambiguity of the law,it could not effectively fight the dispute.The author believes that the key to effectively solving the problem of demolition and closure of construction projects in protected areas is to clarify the nature of government administrative actions.Not all demolition and closure activities are aimed at illegal projects,depending on the type of the construction projects existing in the protected areas.the specific administrative actions of the government can be divided into Administrative penalties,withdrawal of administrative license,collection and requisition.Different behaviors are directed at different construction projects,and there are differences in procedures,methods,and consequences.In addition to clarifying the nature of government administrative actions,the definition of "contaminants",the scope of demolition and closure,and other aspects need to be further improved.It is necessary to ease the relationship between personal interests and public interests on the basis of protecting personal interests.In the improvement of the path,it is necessary to revise the relevant provisions of the water pollution prevention and control law or to formulate a unified drinking water source protection zone regulations,so that the relevant regulations are more operational in practice and more effectively solve the possible problems in the demolition and closure operations.