Case: a river downstream area because of sand resources shortage, the expansion of the scale of construction, the sand price bullish market. In this regard, a local village collective action, the illegal exploitation of river sand, and caused serious damage to the embankment......

(1Acceptance and filing)

Researchers found that the water administrative law enforcement illegal, should go to the site to stop or issued shall be ordered to stop the illegal sand mining notice. If the problem cannot be solved in time, should be placed on file.

On the condition of water administrative cases in violation of water laws and regulations is: has the facts in accordance with the regulations; water shall be given administrative punishment of water; water administrative penalties under the jurisdiction of the authority; illegal behavior does not exceed the limitation of investigation. Through the analysis, the case in accordance with the conditions of the case, should fill out the "committed illegal case acceptance, filing a pool table", approved by the leader in charge case.

(2Investigation and evidence collection)

After the case investigation and evidence collection, made illegal facts and evidence in order to grasp and. Organ water administrative punishment assignment investigated more than two censorial personnel, when necessary, can be checked in accordance with the law. Investigators in the implementation of investigation and evidence collection task, to show the supervising documents, notify the investigated range to survey or matter, ask the parties, witnesses, on-site inspection, inspection etc.. Making investigation transcripts, transcripts by the person under investigation to check the signature or seal.

(3) water administrative punishment decision

After investigation, censorial personnel on the facts of the case, the evidence, basis for punishment and penalty, submit a written report to the organ of water administrative punishment, administrative punishment shall water to review them, and make the following decisions:

The illegal behavior is to water administrative penalties, according to the seriousness of the case and the specific situation, decided to make the water administrative punishment;

The violation is minor, can not be water administrative penalty according to law, administrative penalty shall not be water;

The illegal facts cannot be established shall be given administrative punishment, water;

④ violations according to law shall be given administrative penalties for public security, to the public security organ; where an illegal act constitutes a crime, shall be transferred to the judicial organs.

Before making a decision of water administrative punishment, punishment authority should be oral or written inform the village committee to decide the punishment facts, reasons, basis and intends to make a punishment, and inform their legitimate rights, including the right to present and defend, the right to a hearing. If the administrative organ makes the water5Million yuan fine or revoke the license and other water administrative punishment, before this, through service hearing notice to inform the parties have the right to request a hearing. If the committee to request a hearing, inform the book in the hearing of the receipt signed opinions, also can inform the book received3Days in writing to the organ of water administrative punishment has requested a hearing. If not requested a hearing, deemed to have waived the hearing power.

(4Service)

    The punishment decision to the party declared, and given to the party on the spot. The case should be sent to the village committee.

(5The execution)

"Book" take legal effect upon the date of service punishment decision, the village committee should be executed immediately. If the penalty decision, it may apply for administrative reconsideration or bring an administrative lawsuit. In principle is not for administrative reconsideration or litigation to stop the punishment decision execution.

If the parties filed a reconsideration case, should follow the following procedures:

1 application. The parties in violation of water laws and regulations "received notice of administrative penalty decision"60Days written or oral application for reconsideration.

2 acceptance. After receiving the application for reconsideration5Days to deal with the application for reconsideration, make the following processing:

    (1). The application for reconsideration in accordance with laws, regulations and conditions shall accept the application for reconsideration.

    (2). Review the application does not meet the conditions of the application for reconsideration, is inadmissible, but shall inform the applicant of the reasons for rejection.

    (3). The application for reconsideration, content is not complete, it shall notify the applicant to supplement and require periodic correction. No correction is overdue, deemed not to apply.

The 3 trial. General water administrative reconsideration reconsideration by written way. The reconsideration organ at the date of acceptance will send a copy of the application for reconsideration within 7 days. The respondent shall, after receiving the application for reconsideration copy10Days, the relevant materials submitted to the original specific administrative act to the administrative organ for reconsideration, and submit a written defense. Fails to submit, does not affect the reconsideration.

    Review before the decision, the following conditions: the applicant may withdraw his application to withdraw the application by the applicant; change the concrete behavior, the applicant agrees and request to withdraw the application for review. To withdraw the application, shall be approved by the reconsideration organ agreed and documented party may withdraw. But not in the same facts and reasons to apply for reconsideration.

4 the reconsideration decision. The reconsideration organ after trying to make a reconsideration decision. In general should be the day of receiving the reconsideration application60To make a reconsideration decision within, and make the decision of reconsideration, served in accordance with the relevant provisions.

5 service. The decision of reconsideration by the water administrative reconsideration organ making the applicant and the respondent. Service must have a receipt. The recipient of the service on the receipt of service shall be the date of receipt date.

6 executive. Water administrative reconsideration decision is enforceable. The applicant receives the water administrative reconsideration decisions15Days not to prosecute to the court, nor complies with the decision of the reconsideration shall, if the reconsideration decided to maintain the original decision, by the water administrative authorities made the original decision to apply to the people's court for compulsory execution; if the reconsideration decision to change the original decision, the administrative body for reconsideration shall apply to the people's court for compulsory execution. The respondent refuses to perform the decision of reconsideration, the administrative reconsideration organ can be water suggest the Department concerned shall be investigated for legal responsibility of the legal representative of the.

   Water administrative reconsideration decision is not final decisions. The applicant or the respondent of the receipt of the reconsideration decision15Days to the people's court, further into the administrative proceedings. Before the court did not make a judgment or award, the same legal effect of the reconsideration decision.

   If the parties have not initiated the reconsideration, and directly to the courts, the administrative organ shall be the defendant as water. After review, the applicant or respondent refuses to accept, to the court, should the reconsideration organ tied for the defendant.

The people's court for water administrative litigation cases generally includes two stages: the first stage is the pre-trial preparation work, namely consulting case materials, to investigate and collect evidence, and verify the facts, to decide whether to replace and additional party, decide whether to stop the execution of the water administrative organ of the original specific administrative behavior. After a stage is the court, after hearing, the court investigation, court debate, collegiate bench trial process, etc.. The first trial by a people's court within 3 months from filing date.

      The village committee refuses to accept the first trial court decision or ruling, can appeal to a higher people's court, and the people's court at a higher level to make second judgment.    The people's Court of second instance judgments, rulings are final judgment or ruling, once declared or shall have legal effect, the parties can't appeal.

    The people's court judgments upon delivery, the parties shall in accordance with the law. Fails to perform, the people's court shall enforce the performing organization.

(6Closed)

The procedure of administrative punishment of water after the execution is completed, the Contractor shall fill in the "water law cases closing report" timely, the approval of the competent leadership decided after. After the case the information cataloging binding, archiving. The major and complicated cases, and the cases settled by superiors, should be on the level of water administrative authorities for the record.