Case Interpretation: The Case of Illegal Parking of a Sand Dredger by Qian

1. Basic information

On March 16, 2022, the law enforcement officers of the Water Administration Supervision Brigade of Jingjiang Water Conservancy Bureau inspected the waters near Xiashi Port in Jingjiang City and found that Qianmou's sand dredger was not parked at the designated place during the prohibition period. Law enforcement officers did not find the ship owner Qian Mou-mou at the scene, so they towed the sand mining ship to the designated parking point.

2. Investigation and treatment

On April 29, 2022, Qian Mou-mou went to Jingjiang Water Conservancy Bureau to claim the sand dredger. Later, due to the epidemic situation, he has been in Xinghua quarantine. On July 11, 2022, Jingjiang Water Conservancy Bureau filed a case for handling. The law enforcement officers of Jingjiang Water Conservancy Bureau made three investigation records on Qian Mou-mou. Detailed investigation and understanding of the factual evidence of illegal parking, confirmed the illegal facts of Qian Mou-mou, and directly served Qian Mou-mou with the Notice of Order to Stop Water Illegal Acts (Jing Shui Ting Zi [2022] No.4), ordering him to stop illegal acts. After publicizing the laws and regulations of law enforcement officers, Qian Mou-mou had a good attitude of admitting mistakes subjectively, promised to dismantle the sand dredger by himself, actively cooperated with the law enforcement work of Jingjiang Water Conservancy Bureau, and in line with the principle of combining punishment with education, on July 15, 2022, after a collective discussion by the head of Jingjiang Water Conservancy Bureau, Qian Mou-mou took the initiative to disassemble the sand dredger. It was decided to impose an administrative penalty of a fine of RMB twenty thousand yuan on Qian.

3. Case Analysis

On July 27, 2019, the People's Government of Jiangsu Province issued the Notice on the Prohibition of Sand Mining in Jiangsu Waters of the Yangtze River: 1. Except for dredging and sand mining due to the renovation of the Yangtze River embankment, the consolidation of the foundation or the regulation of the Yangtze River channel, the regulation of the Yangtze River waterway and the opening, wharf and anchorage of the Yangtze River. 2. In addition to the vessels engaged in the above-mentioned dredging and sand mining, other sand mining vessels shall leave the Jiangsu waters of the Yangtze River or berth in the designated waters of the people's governments at or above the county level along the Yangtze River. After the announcement is issued, those who neither leave the Jiangsu waters of the Yangtze River nor accept the designated berthing management as required shall be investigated and dealt with by the water administration department of the local people's government at or above the county level in accordance with the Regulations on the Management of Sand Mining in the Yangtze River Channel. Qian Mou-mou parked the sand dredger in the waters near Xiashigang Bridge in our city without the approval of the water administration department during the

prohibition period. This act violates Article 1 and Article 2 of the Notice of the People's Government of Jiangsu Province on the Prohibition of Sand Mining in Jiangsu Waters of the Yangtze River and Article 16 of the Regulations on the Management of Sand Mining in the Yangtze River Channel, which States that "Sand mining vessels shall be parked at places designated by the people's governments at the county level along the Yangtze River during the period of prohibition of sand mining;"; Without justified reasons, it is not allowed to leave the designated place without authorization, and the illegal facts are clear and the evidence is conclusive, as evidenced by the investigation records, on-site pictures and the service receipt of the Bureau's Notice of Order to Stop Water Illegal Acts.

According to Article 20 of the Regulations on the Management of Sand Mining in the Yangtze River Channel, "If, in violation of the provisions of these Regulations, a sand-mining vessel fails to park at a designated place during the prohibition period or leaves the designated place without justified reasons, the water administration department of the local people's government at or above the county level shall impose a fine of not less than 10000 yuan but not more than 30000 yuan". With reference to the first paragraph of Article 20 of the Regulations on the Management of Sand Mining in the Yangtze River Channel stipulated in the Standards for the Reference Implementation of Water Administrative Discretion in Jiangsu Province (Su Shui Gui [2012] No.2), "1. Sand mining vessels are not parked at designated places during the period of prohibition of mining: (2) Sand mining vessels are forcibly towed to designated places by water administrative departments." In addition to the provisions of "a fine of more than 20000 yuan and less than 30000 yuan", considering that Qian Mou-mou has a good attitude of subjective mistake recognition, voluntarily promises to contact the shipbreaking yard to dismantle the sand dredger, actively cooperates with the law enforcement work of Jingjiang Water Conservancy Bureau, and in line with the principle of combining punishment with education, according to the Administrative Punishment Law of the People's Republic of China. Shall be given a lighter or mitigated administrative punishment: (1) Take the initiative to eliminate or mitigate the harmful consequences of the illegal act, and decide to give him a lighter punishment, that is, an administrative punishment of a fine of RMB 20,000 yuan. While serving the Notice of Administrative Penalty (Jingshui Penalty Word [2022] No.1), Jingjiang Water Conservancy Bureau also served the Notice of Credit Repair of Administrative Penalty Information (Jingshui Credit Notice [2022] No.1) to Qian Mou, informing him of the conditions and procedures of credit repair at the first time and guiding him to complete credit repair as soon as possible. In

this case, the law enforcement officers of Jingjiang Water Conservancy Bureau towed the sand dredger according to law, maintained the water order, avoided the occurrence of illegal sand mining cases, and protected the ecological environment of the Yangtze River. At the same time, we should thoroughly implement the concept of flexible law enforcement, strictly comply with the requirements of optimizing business environment, take the satisfaction of the masses and market participants as the standard, integrate flexible measures into the whole process of administrative law enforcement, pay attention to the strength, scale and temperature of law enforcement, further strengthen service awareness, and realize the synchronization of administrative penalties and information credit. The concept of flexible law enforcement has also been affirmed and actively cooperated by the parties.