论文部分内容阅读
司法实践中因水污染而引起的诉讼不少,水扩散大、分布广等特殊性决定了对其保护的难度之大。随着生态文明理念的推进,对水资源提出了生态化的要求,因此水污染案件也呈现增多的趋势。但从这些案件中,不难看出在司法实践过程中法理适用发生了变化,《水污染防治法》已经不能很好地适应生态化要求。文章着重对案例进行分析,剖析水污染案件审理的生态化司法态度的变化,进而对完善《水污染防治法》生态化提出建言。
The judicial practice caused by water pollution caused many litigation, the proliferation of water, wide distribution and other special nature of the protection of its decision of the great difficulty. With the advancement of the concept of ecological civilization, ecological requirements have been put forward for water resources, and the number of water pollution cases also shows an increasing trend. However, from these cases, it is not difficult to see that there has been a change in the application of legal jurisprudence in judicial practice. The Law of Prevention and Control of Water Pollution can no longer properly meet the requirements of ecologicalization. The article focuses on the analysis of the case, analyzing the change of the ecological judicial attitude of water pollution case trial, and then puts forward some suggestions on how to improve the ecology of “Water Pollution Prevention Law”.