Case analysis of economic law 13, help, thank you, hehe.

Classification: people's livelihood >> Law

Problem description:

Nanhai Hotel in A City is a Sino-foreign joint venture. During the operation of the hotel, 9945 tons of sewage is discharged every month, and the average COD of the discharged sewage is 538.5 mg/L, both exceeding the discharge standard. Since September, 1995, the Municipal Environmental Supervision Office has sent people and sent letters to remind people to pay the excessive sewage charges. The reasons why Nanhai Hotel claims to refuse to pay the fees are as follows: First, the hotel sewage is discharged into the sewage treatment plant through municipal pipelines before being discharged into the sea, so the hotel sewage is not directly discharged into the environment and should not be charged. Second. The hotel sewage is discharged to the sewage treatment plant for centralized treatment, and a certain fee has been paid to it. On this basis, excessive sewage charges have caused repeated charges and increased the burden on enterprises. Thirdly, the pollution value of the sewage sampled from the sewage pipe mouth of the hotel where the Environmental Supervision Office is located is taken as the basis for exceeding the standard, but in fact, the sewage is discharged into the sewage treatment plant for centralized treatment. In any case, the pollutant content will be reduced after centralized sewage treatment. Therefore, it is unreasonable that the pollutant content measured at the sewage outlet ignores the sewage treatment process. Fourthly, Nanhai Hotel is a Sino-foreign joint venture, and there are different opinions on whether to pay the fee. It takes some time to reach an agreement through negotiation, and this time should not be counted as the time of refusal. Excuse me: Is the reason stated by Nanhai Hotel correct and why? How should this case be handled?

My homework is due next week. I'm not interested in law at all. Thank you, master. .

Analysis:

All the defenses of the hotel cannot be established: 1. Although the sewage of the hotel does not directly enter the environment, its sewage is the root cause of the relevant indicators exceeding the standard, and the discharge is not due to force majeure, so the hotel cannot use this as a defense; 2. It does not constitute repeated charges, because the subject and nature of charges are different. The charges of sewage treatment plants belong to the nature of treatment fees, while the charges of environmental monitoring stations belong to administrative fees according to the Environmental Protection Law. 3. It measures the sewage of the hotel instead of the sewage of the sewage treatment plant, so it is completely reasonable to measure it at the sewage outlet; 4. Once an administrative decision is made, it is binding. The parties may bring an administrative reconsideration or an administrative lawsuit, but the execution shall not be suspended.

Handling: The hotel shall implement the administrative decision first, and then file an administrative lawsuit or administrative reconsideration.