On The Perfection Of Ordering Correction In Control Of Water Pollution

In recent years,the ecological condition of our country’s major river basins is far from optimistic on the whole,the self-recovering capability of water environment continues to decrease,thus the simple compensation for damage is inadequate to fundamentally curb the occurrence of water pollution damage.As one of the most common law enforcement modes in the process of control of water pollution,ordering correction in control of water pollution could effectively make up for the shortage of post relief.At present,the people’s congresses of 24 provinces,autonomous regions and municipalities have successively issued regulations on control of water pollution,all of which stipulate ordering correction in control of water pollution,but the contents of the regulations are not comprehensive and lack of operability.There exist problems such as unreasonable application methods of ordering correction,inconsistent specific forms,lack of procedures and imperfect supervision mechanisms,resulting in irregular implementation and insignificant results of ordering correction in control of water pollution.Therefore this paper firstly interprets the concept,legal attributes and characteristics of ordering correction in control of water pollution on the theoretical shelf.Secondly,by sorting out the current situation of the relevant legislation and practice in control of water pollution,it points out the deficiencies in the legislation and practice in control of water pollution in our country and puts forward corresponding suggestions for improvement.Among them,legislative improvement suggestions include reasonably determining two applicable methods of ordering correction alone and simultaneously with administrative penalty;uniformly adopting the legislative expressions of ordering correction within a time period,ordering to stop illegal acts and ordering to restore the status before;providing the implementation procedure for ordering correction;improving the supervision mechanism for fulfilling obligations and failure to fulfill obligations after expiration.Practice improvement suggestions include changing the concept of valuing punishment rather than correction;improving the enforceability of decisions about ordering correction;earnestly fulfilling regulatory obligation.It is expected to be helpful to the effective implementation of ordering correction in control of water pollution in our country.