“雇佣关系”实施水行政处罚的法律思考

Legal consideration in water administrative penalties for "employment pelationship"

实践中存在着大量由"雇佣"关系而产生的水事违法行为,对其处罚无论是程序法还是实体法抑或是行政处罚,理论上都鲜有涉及。从我国民法、刑法对雇佣关系所产生的侵权、犯罪行为之归责原则与处罚规定入手,探讨因"雇佣"发生水事违法行为,对雇、佣双方实施水行政处罚的法律思路。

Although there are a great number of illegal cases generated from ＂employment relationship＂ in water administration in practice,it is not easy to find relevant provisions in either Substantive Law or Procedural Law or even administrative penalties.On the basis of examination of determinative principle and regulations in Civil Law and Criminal Law,which are related to the penalties of illegal and criminal behaviors generated from ＂employment relationship＂,we present our views on legal approaches to impose administrative penalties to the both parties of employer and employee against their illegal and criminal behaviors.