Figure丨The law is clear by case
The text is based on the case
Editor丨 Clarify the law with cases
Case source: Top News
1. Case review
In Henan, there is an uncle (pseudonym Lao Wang), Lao Wang is an honest man, he is diligent, hard-working, has been cultivating the land in this village for generations, and is an authentic farmer uncle.
Why is it so hot this year! It hasn't rained for more than a month, and if it goes on like this, what will happen to the crops in the fields, Lao Wang muttered to himself on the side.
Outside, the sun grew more and more intense, like a large furnace, emitting fierce beams of light, shining on the creatures on the ground, like roasted sweet potatoes.
The village's water source is already insufficient, coupled with the fact that there has been no rain for a long time, coupled with the fierce sun, not to mention the lack of water for the crops in the fields, and even the villagers' daily drinking water has become a problem.
In order to solve the daily water supply of the villagers, under the overall arrangement of the village head, the water supply of the entire villager is supplied by a centralized water tower.
There is no way, the villagers can only go to the centralized water tower to draw water to drink, there are a lot of people in this village, every day in the centralized water tower to draw water, but also to queue up, sometimes there are too many people, the water of the water tower is not enough, it takes several hours to have water, the villagers are very inconvenient to draw water.
Lao Wang saw that the crops in the fields were about to dry up, and without water, the crops would not be able to grow. And every time Lao Wang goes to the centralized water tower to fetch water, it takes most of the day. There is no water source, which is extremely inconvenient for Lao Wang's daily life.
Lao Wang suddenly remembered that in ancient times, when there was any running water, every household had a large water tank, which was to go to the centralized well in the village to fetch water and store it in the big water tank at home.
At the door of Lao Wang's house, there is just a big yard, Lao Wang came up with an idea of digging his own well, now it is the 21st century, mechanical automation equipment has been very developed, it is still very easy to dig a well.
Lao Wang made up his mind to dig a well in his yard. Lao Wang immediately found a professional well-drilling team.
In the yard of Lao Wang's house, the professional machinery and equipment immediately started running, knock knock, knock knock, three times five divided by two, the well drilling team helped Lao Wang to build a well on the same day, the water quality is not only very clear, but also a little sweet, for this, Lao Wang is very satisfied.
Since then, after Lao Wang drilled the well, the family's daily water supply was immediately solved, and Lao Wang's family had a good life.
Unexpectedly, after Lao Wang's house drilled a well, Lao Wang's good life did not take long, and the people in the village would be red-eyed and directly feedback the matter of Lao Wang's well drilling to the law enforcement department.
On this day, law enforcement officers came to the village to investigate Lao Wang's family. With a burst of knocks on the door, Lao Wang's quiet courtyard was broken.
Lao Wang opened the door, and the law enforcement officers immediately showed the relevant documents. Seeing this situation, Lao Wang was frightened, he abided by the law, lived a stable life, and never did anything bad in his life, how could law enforcement officers come to the house? Lao Wang looked confused.
The law enforcement officers made it clear to Lao Wang in person the purpose of coming. The law enforcement officers were in the courtyard, and when they looked over, they immediately saw the newly dug well. The law enforcement officer asked Lao Wang, did you apply for a "water permit" for this well you drilled?
Water Permit? Lao Wang has lived for most of his life, and for the first time he heard about the water certificate. Lao Wang hurriedly said, I am digging a well in my house, why do I need to get a water certificate? I've never heard of it.
The law enforcement officer said to Lao Wang with a serious face, you must have a "water license" to drill a well, if you do not have a water license, we must close the well, and it can no longer be used.
When Lao Wang heard this, he immediately became anxious, "I have never heard of any water permits when I am so old, and many people have drilled wells, why don't other people need water permits?"
The law enforcement officers immediately took out the relevant documents and patiently popularized the law for Lao Wang.
However, Lao Wang didn't listen to it at all, and he couldn't understand what the water certificate was. He spent a lot of money to hire someone to dig a well in his yard, and now the law enforcement officers want to close the well, and Lao Wang is furious, angry, and does not cooperate with the law enforcement officers at all.
The law enforcement officers saw that Lao Wang resisted so fiercely and did not obey the management. So, the law enforcement officers issued a fine and fined Lao Wang 5,000 yuan.
Lao Wang was angry, seeing this 5,000 yuan fine, how could Lao Wang stand it, refused the law enforcement officers on the spot, and in front of the law enforcement officers, Lao Wang directly tore the 5,000 yuan fine to shreds, and then threw it on the ground.
Lao Wang is also an honest person who understands and understands the rules, so Lao Wang asked the law enforcement officers and himself to go to the branch committee in the village, and let the old villagers and the personnel of the village committee give him a review.
The staff of the village committee happened to be there, and there were many onlookers. The staff of the village committee arranged for the law enforcement officers and Lao Wang to go to the conference room for the next step of detailed coordination.
2. From a legal point of view, how do you view this matter? @以案明法
1. Law enforcement officers believe that Lao Wang did not apply for a "water permit", and privately called a well drilling team to come and drill a well, whether it was in his own yard or in a public place outside, it was illegal to have no "water permit".
To apply for a water certificate, the state needs to declare, to pay a certain fee for the use of resources, is paid to take water, and only after handling the water certificate can there be legal water intake and use.
Paragraph 1 of Article 48 of the Water Law Units and individuals that directly draw water resources from rivers, lakes or underground shall, in accordance with the provisions of the national water intake permit system and the system of paid use of water resources, apply to the water administrative department or river basin management agency for obtaining a water withdrawal permit, pay water resources fees, and obtain the right to take water.
2. In this case, Lao Wang did not apply for a water intake permit and dug a well to draw water without authorization, which already constituted an illegal act, and he needed to be seized and dug without authorization, and he also had to bear a fine. Among them, Lao Wang was fined 5,000 yuan, which can be regarded as a lenient punishment for law enforcement officers.
In accordance with Article 69 of the Water Law, anyone who commits any of the following acts shall be ordered to stop the illegal acts by the water administrative department of the people's government at or above the county level or the river basin management agency on the basis of their authority, take remedial measures within a time limit, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; where the circumstances are serious, revoke their water intake permits: (1) taking water without approval; (2) Failing to take water in accordance with the conditions specified in the approved water intake permit.
3. In this case, as soon as Lao Wang heard that the law enforcement officers wanted to seal the well, Lao Wang made a lot of noise, refused to enforce it, and did not cooperate. The law enforcement officers saw that Lao Wang was so resistant, so he issued a fine of 5,000 yuan, if, Lao Wang's ideological consciousness is high, and he actively cooperated with the law enforcement officers at the beginning and implemented the rectification in strict accordance with the requirements. Then, the law enforcement officer may not issue a 5,000 yuan fine.
According to Article 33 of the "Administrative Punishment Law", where the illegal conduct is minor and promptly corrected, and no harmful consequences are caused, administrative punishment is not to be given. Where the violation is the first time and the harmful consequences are minor and promptly corrected, administrative punishment may not be given.
4. The staff of the village committee also learned about the actual situation in detail with Lao Wang, and finally, under the difficult teaching of the staff of the village committee, Lao Wang realized the seriousness of the matter, and Lao Wang will take the initiative to cooperate with the requirements of law enforcement officers and actively cooperate with the reissue of the "water permit".
At the same time, under the coordination of the staff of the village committee, according to the actual living conditions of the parties, the law enforcement officers finally exempted Lao Wang from the penalty of 5,000 yuan.
Third, the editor has something to say
I believe that the great natural resources of our country are owned by the state, and we need to use the natural resources, and the use of them needs to be legal. For example, now every household needs to submit information and pay for the use of tap water to open an account.
The same is true for drilling wells for water, especially for commercial purposes such as irrigating farmland, vegetables and fruits, we should apply for a water intake certificate from the relevant departments in time to ensure that water is taken in compliance and be a good law-abiding citizen.
Finally, I think we also need to do a good job of saving water, because there are many places where there is a shortage of water. Therefore, in our daily life, we should turn off the faucet in time, advocate multi-purpose water, and cherish water resources together. We need to save water, starting from me, starting from a little bit.
Follow @ Case Clearing Law to update popular science legal knowledge every day, hoping that through typical case learning, everyone can learn more legal knowledge.
Annotation:
This article is only for the case study of law popularization, if there is any infringement or impropriety, please contact me immediately to delete.
#头条创作挑战赛##普法行动##法律#