关键词: 河湖刑法保护制度, 水污染, 非法采砂, 涉水违法, 水域岸线

Abstract: The implementing effect of river and lake management system(Water Law and Flood Control Law) is not good due to the imperfection of criminal law protection system of rivers and lakes, so that the cases of illegal occupation of water area and shoreline often occur and have a serious effect on the flood control safety, water supply safety and ecological safety. Combining with the date investigation and analysis, we analyze current regulations and river and lake management needs comprehensively. We conclude that: ① Criminal Law should speed up the establishment of relevant systems of rivers and lakes management. ② Setting up the crime of illegal encroachment on water area and shoreline in Criminal Law, to protect rivers and lakes. ③ In order to protect the water in river and lake, it should set Water Pollution Crime in Criminal Law, which can enforce the quality of water resources protection through Criminal Law. ④ In order to maintain the order of river and lake, the actions violating against sand mining license should be punished by Criminal Law. Furthermore, it must intensify enforcement of sand mining, and promote the effective integration between administrative enforcement with criminal justice. By studying and perfecting the Criminal Law protection system of rivers and lakes, it provides a legal basis for strengthening law enforcement in rivers and lakes.

Key words: criminal law protection system for rivers and lakes, water pollution, illegal sand mining, water related illegal action, water area and shoreline