中华人民共和国水法（二）

cts shall be ordered， by the department of water administration or another competent department concerned of the relevant local people's government at or above the county level， to stop his illegal act and take remedial measures and may be concurrently fined； the person who is responsible may be given administrative sanctions by the unit to which he belongs or by the competent authority at a higher level and， where a crime is constituted， he shall be prosecuted for criminal responsibility in accordance with the Criminal Law：

　　（1） constructing any water project or realigning any river or course of navigation without authorization； or

　　（2） in violation of the provisions of Article 42 of this Law， increasing the discharge of flood or drainage of excess water downstream or himdering the discharge of flood or drainage of excess water from upstream without authorization.

　　Article 47 Whoever， in violation of this Law， commits any of the following acts shall be ordered， by the department of water administration or another competent department concerned of the relevant local people's government at or above the county level， to stop his illegal act， compensate for the losses caused and take remedial measures， and may be concurrently fined； where a penalty for violation of public security should be given， the person shall be given a penalty in accordance with the Regulations on Administrative Penalties for Public Security； where a crime is constituted the person shall be prosecuted for criminal responsibility in accordance with the Criminal Law：

　　（1） damaging any water project or related facilities such as dikes and bank revetments， damaging any flood prevention facilities， hydrologic monitoring facilities， hydrogeologic monitoring facilities， or navigation facilities or aids； or

　　（2） carrying out， within the protection zone for a water project， any act of blasting， sinking a well， quarrying rock， or collecting earth， etc.， which endangers the safety of the project.

　　Article 48 If any party is not satisfied with the decision on an administrative penalty， he may， within fif

teen days of receiving the notification on the penalty， file an application for reconsideration with the department at the level next higher to the department that made the decision on the penalty. If the party is not satisfied with the decision made after such reconsideration， he may institute legal proceedings in the people's court within fifteen days of receiving the decision on the reconsideration. The party may also directly institute legal proceedings in the people's court within fifteen days of receiving the notification on the penalty. If the said party neither applies for reconsideration nor institutes legal proceedings in the people's court within the time limit nor complies with the decision on the penalty， the department that made the decision on the penalty shall apply to the people's court for compulsory execution.

　　If any party is not satisfied with a penalty for violation of public security， the case shall be handled according to the Regulations on Administrative Penalties for Public Security.

　　Article 49 Whoever steals or forcibly seizes the supplies for the prevention of floods or materials and equipment for the building of water projects， or whoever embezzles or misappropriates state funds and materials for the relief of disasters， for use in flood emergencies， for the prevention of floods or for the resettlement of inhabitants， shall be prosecuted for criminal responsibility in accordance with the Criminal Law.

　　Article 50 Any functionary of a department of water administration， of another competent department or of a unit managing a water project， who neglects his duty， abuses his power， engages in malpractices for personal gains or commits fraudulent acts， shall be given administrative sanctions by the unit to which he belongs or by the competent department at a higher level； whoever causes heavy losses to public property or to the interests of the state and the people shall be prosecuted for criminal responsibility in accordance with the Criminal Law.

　　Chapter VII

　　Supplementary Provisions

　　Article 51 Where any international treaty or agreement relating to international or border rivers or lakes， concluded or acceded to by the People's Republic of China， contains provisions differing from those in the laws of the People's Republic of China， the provisions of the international treaty or agreement shall apply， unless the provisions are ones on which the People's Republic of China has made reservations.

　　Article 52 The State Council may， in accordance with this Law， formulate rules for its implementation.

　　The standing committees of the people's congresses of provinces， autonomous regions and municipalities directly under the Central Government may， in accordance with this Law， formulate measures for its implementation.

　　Article 53 This Law shall come into force as of July 1， 1988

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