水行政执法程序研究及司法衔接应用

Studies on law-enforcement procedure for water administration and application of judicial cohesion

为适应水利工作发展新要求,水行政执法理念、方式等均需要进行相应的调适。水法等水行政实体法施行至今,有效地维护了水事秩序和河湖健康;随着行政程序法的相继出台,行政执法行为愈加得到规范和约束;在依法行政的背景下,行政机关在保护相对人合法权益的同时,开始探索应用司法衔接方式,全面严肃地履行法定职责。通过分析水事法律文书的适用情形,结合相关案例,阐述了水行政执法司法衔接的应用实践,并提出了具体的完善建议。

The concept of water administrative enforcement as well as approaches should be adjusted in order to adapt to new water development needs.Substantial laws,such as Water Law of the People爷s Republic of China which has been implemented until present,effectively sustain the order of water affair management and health of rivers and lakes.Along with the release of administrative procedure acts step by step,the action of law enforcement has become more standardized.The administrative authority safeguards the legitimate rights and interests of the relatives and starts to explore the way of integrating administrative enforcement with judicial practice,so as to fulfill the legal responsibilities in a serious manner.By analyzing the application situation of legal instruments of water affair and introducing application practice on integrating administrative enforcement with judicial,specific measures are given accordingly.