| dc.description.abstract | The Water Pollution Control Act was enacted since 1974 and amended in 1983, 1991, 2000, 2002 and 2007 respectively. During this period, although going through the historical development by the Taiwan Provincial Government, the Department of Health, the Ministry of Economic Affairs, and the Environmental Protection Administration, due to the rise of the public’s environmental awareness and the emergence of “environmental rights”, the Basic Environmental Law was enacted on December 11, 2002 to implement the sustainable development and establish an important milestone in Taiwan’s claim for environmental rights. From the perspective of water quality protection in river basin, the current prevention measures still mainly focus on the control by “point source pollution” though after five amendments, unable to break through the existing system. Therefore, to follow the trend of the times, systematic thinking management should be adopted over deliberation, in order to examine the systematic actions concerning the river basins with a greater extent. In the viewpoints of “prevention” and “control”, to achieve the real sustainable development of water resources and ecological systems, the “water quality” and “water quantity” should be taken into the control and consideration at the same time. The entire river basin system should be protected through the method of “Total Water Management”, or known as the “Total Mass Control”. To effectively achieve the purpose, the relevant provisions of the Criminal Code of the Republic of China, Civil Code, Administrative Penalty Act and Public Nuisance Dispute Mediation Act and practical decision cases by the courts at all levels are referenced. Moreover, based on the study of the Water Pollution Control Act, review of the environmental management system, and analysis of the possible behavioral patterns of a variety of environmental torts, this study explores the practical implementation issues through the emission source control mode to extend the concepts of developing environmental management systems. The amendments or suggestions for improvement are proposed for future reference in order to reinforce the water pollution prevention and control management system level, recover the illegal profits of the polluters, and put the environmental justice and legislative spirits into practice. | en_US |