Minutes of joint meeting
On July 3, 2003, the Provincial Public Security Department, the Provincial Construction Department, the Provincial Water Resources Department, the Provincial Price Bureau, the Provincial Bureau of Quality and Technical Supervision, the Provincial People's Procuratorate, the Provincial Higher People's Court and other relevant departments held a joint meeting in Changchun to study the problems that need to be solved urgently in the current fight against water theft. After full discussion, the participants reached an agreement on related issues, which are summarized as follows:
1. Stealing water refers to stealing water by one of the following means for the purpose of illegal possession:
(a) without the consent of the urban water supply enterprises and the approval of the relevant government departments, without authorization, make holes in the urban water supply pipelines and their ancillary facilities and take over the water;
(two) without the consent of the urban water supply enterprises and the approval of the relevant government departments, the municipal fire hydrant and the meter-free hedging device are used to take water without authorization;
(3) bypass the water metering device to take water;
(4) Forge, alter, damage or dismantle water metering instruments sealed by legal metrological verification institutions, resulting in less or no water metering;
5] Deliberately interfere with the normal operation of water metering instruments, resulting in reduced metering or no metering of water intake;
[6] illegally recharge the magnetic card of the magnetic card water meter to take water;
(7) failing to install a water metering device to take water as required;
Being bathing, car washing, construction sites and other large water units and individuals without the approval of the water administrative department unauthorized access to groundwater or beyond the time limit approved by the water permit to continue to access groundwater; (nine) units and individuals that use a lot of water, such as bathing, car washing and construction sites, fail to take groundwater in accordance with the conditions stipulated in the approved water intake permit;
⑽ Steal water by other methods.
Two, stealing water equipment flow, daily stealing time, stealing days, stealing water and stealing water are determined according to the following methods:
1, identify the flow direction of water stealing equipment.
(a) stealing tap water from urban water supply enterprises, determined according to the diameter of the stolen water and the water flow speed in the pipe;
Theft of groundwater, according to the project (or equipment) maximum water intake per hour (maximum capacity of equipment nameplate) calculation.
2, the identification of daily stealing time
The time of stealing water every day shall be subject to the actual time of stealing water that can be verified. If the actual time of stealing water cannot be verified, the daily time of residents shall be calculated by 1 hour; The calculation methods of units are classified as follows:
(1) Bathing place is calculated as 8 hours per day;
(2) Construction sites, car washes, water splashing places and industrial and mining enterprises with a monthly water consumption of more than 3,000 tons are calculated as 6 hours per day;
(3) Institutions (organizations), schools, restaurants, hotels, hospitals, beauty salons, shopping malls, etc. Based on 3 hours per day.
3. Determination of the number of days of stealing water
The number of days of stealing water is determined by the verifiable actual number of days of stealing water. If the actual number of days of stealing water cannot be ascertained, the residents shall be counted as not less than 60 days, and the unit shall be counted as not less than 180 days.
4. Determine the amount of stolen water
The amount of stolen water is determined by the verifiable actual amount of stolen water. If the actual amount of water stolen cannot be ascertained, the amount of water stolen shall be calculated according to the number of days of water stealing, the daily time of water stealing and the flow of water stealing equipment. Tap water stealing quantity = water stealing equipment flow × water stealing time per day × water stealing days;
(2) The amount of illegal exploitation of groundwater = the maximum water intake per hour of the project (or equipment) (the maximum capacity of equipment nameplate) ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
5. Determine the amount of stolen water
(1) According to the amount of stolen water, the sales price of water or the amount of water resources fee and other various legal fees, the appraisal is issued by the price certification center authorized by the price department.
In the process of stealing water, if the sales price of water and other legal expenses change, it will be calculated separately.
(2) If the stolen water is resold, and the resale price is higher than the legal price, the stolen water shall be calculated according to the resale price; If the resale price is lower than the legal water price, it shall be calculated according to the legal water price.
6. Other provisions
If the parties have evidence to prove that their time of stealing water is less than the estimated time, it can be determined after investigation and verification.
Three, the metrological technical appraisal in the case of stealing water shall be borne by the legal metrological verification institution authorized by the Provincial Bureau of Quality and Technical Supervision.
Four, the amount of theft of water constitutes a crime, the amount of conviction and sentencing standards in accordance with the "Jilin Provincial Higher People's Court, Jilin Provincial People's Procuratorate, Jilin Provincial Public Security Bureau on the amount of theft standards" implementation.
If it is not serious enough for criminal punishment and violates the administration of public security, the public security organ shall handle it in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security; Those who meet the conditions of reeducation through labor shall be reeducated through labor in accordance with the regulations. The act of stealing water for the benefit of the unit shall be handled in accordance with the Supreme People's Procuratorate's Reply on How to Apply the Law to the Organization and Implementation of Stealing Water by Relevant Personnel of the Unit.
Five, the water administrative department of water stealing behavior found in the management should properly preserve the collected evidence, timely transfer the case to the public security organs.
The water stealing behavior found by water supply enterprises in water management shall be immediately reported to the public security organ, which shall handle it according to law.
Six, the staff of the water administrative department or the staff of the water supply enterprise collude inside and outside to provide conditions or help for others to steal water, which constitutes a crime, and shall be investigated for criminal responsibility according to law.
Staff members of water supply enterprises or administrative departments who practice favoritism and abuse their powers while performing their duties, if the circumstances are serious enough to constitute a crime, shall be investigated for criminal responsibility according to law.
Seven, violence, threats to prevent law enforcement officers from checking water according to law, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC).
If it does not constitute a crime and violates the administration of public security, it shall be handled by the public security organ in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
Eight, water supply enterprises in the process of performing their duties according to law by threats, beatings, abuse, by the public security organs for investigation. If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law of People's Republic of China (PRC). If it does not constitute a crime, it shall be handled in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
Nine, all relevant departments should strengthen cooperation to crack down on illegal crimes of stealing water. Public security organs should strengthen the collection and fixation of evidence, quality and technical supervision departments should issue metrological verification reports in time, and price departments should issue appraisal reports in time.
Ten, the scope of application of this summary table is the city within the administrative area of Jilin Province and the town where the people's government at the county level is located.