淮河污染治理的法律问题研究
发布时间：2019-06-14 23:31
【摘要】： 流域管理是以河流流域为单位的水资源统一管理。实行水资源的流域管理是许多国家经过长期的摸索而最终采取的方式,并已成为普遍趋势,对于流域水资源保护起到重要的作用。目前,我国已经制定了一些与流域管理相关的流域立法,确立了长江、黄河、淮河、珠江、太湖等七大流域的分级管理,对保护流域的水资源起到了一定作用。但是,我国水资源流域保护法律制度并未有效建立,现有法规中存在空白点,流域管理机构管理体制不顺,环境执法与区域利益协调不够,使得流域水资源保护缺乏法律保障而运行不力。因此,建立健全的河流流域保护法律制度,以法律为保障,通过全方位的制度规范来克服现行制度的弊端已是当务之急。 本文目的在于寻求完善淮河流域管理体制,以期为淮河流域管理体制的完善提供参考意见,主要从几方面进行阐述。 第一部分分析了淮河治理状况及存在的问题,总结十年淮河治理的成绩与不足,指出我国当前淮河流域保护制度存在的诸多问题,主要表现在法律治污立法的不完善,流域管理机构职能不清以及公众参与制度的不健全等方面。 第二部分是通过介绍流域河流保护中取得较好经验的国家,包括英国、美国,旨在借鉴他国流域保护制度的先进经验。从我国流域水资源的特性和我国的现实情况出发,论述环境法的变革与发展,阐述了我国流域保护制度的改革方向。 第三部分在对淮河流域保护立法缺陷和分析的基础上,提出完善制度的相关建议。一是用可持续发展观完善流域立法,建立多层次的流域水资源保护法律体系,进一步明确流域控制的法律实施制度。二是改革流域管理机构,增强流域管理机构职能,树立流域整体意识,协调流域管理与区域管理,建立流域内各种利益协调机制。三是明确政府责任,规范政府行为。四是保障公民的环境权益,确立公民的环境请求权,完善公众参与机制和环境纠纷解决机制。
[Abstract]:Watershed management is a unified management of water resources based on river basins. The implementation of watershed management of water resources is a way adopted by many countries after a long period of exploration, and has become a general trend, which plays an important role in the protection of watershed water resources. At present, some watershed legislation related to watershed management has been formulated in China, and the hierarchical management of the Yangtze River, the Yellow River, the Huaihe River, the Pearl River and Taihu Lake has been established, which has played a certain role in protecting the water resources of the basin. However, the legal system of water resources watershed protection in China has not been effectively established, there are gaps in the existing laws and regulations, the management system of watershed management institutions is not smooth, and the coordination between environmental law enforcement and regional interests is not enough, which makes the protection of river basin water resources lack of legal protection and weak operation. Therefore, it is urgent to establish a sound legal system for river basin protection, protect it by law, and overcome the disadvantages of the current system through omni-directional institutional norms. The purpose of this paper is to improve the management system of Huaihe River Basin, in order to provide reference for the improvement of Huaihe River Basin management system, mainly from several aspects. The first part analyzes the situation and existing problems of Huaihe River management, summarizes the achievements and shortcomings of Huaihe River management in the past ten years, and points out that many problems existing in the current Huaihe River Basin protection system in China are mainly manifested in the imperfection of legal pollution control legislation, unclear functions of watershed management institutions and imperfect public participation system. The second part is to introduce the countries that have gained good experience in river basin protection, including the United Kingdom and the United States, in order to draw lessons from the advanced experience of other countries' watershed protection system. Based on the characteristics of watershed water resources in China and the reality of our country, this paper discusses the reform and development of environmental law, and expounds the reform direction of watershed protection system in China. The third part puts forward some suggestions to improve the system on the basis of the analysis of the legislative defects of Huaihe River Basin protection. First, we should perfect watershed legislation with the concept of sustainable development, establish a multi-level legal system for river basin water resources protection, and further clarify the legal implementation system of watershed control. The second is to reform the watershed management organization, strengthen the function of the basin management organization, establish the whole consciousness of the basin, coordinate the watershed management and the regional management, and establish the coordination mechanism of all kinds of interests in the basin. The third is to clarify the responsibility of the government and standardize the behavior of the government. The fourth is to protect the environmental rights and interests of citizens, establish citizens' environmental claims, and improve the mechanism of public participation and environmental dispute resolution.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
[Abstract]:Watershed management is a unified management of water resources based on river basins. The implementation of watershed management of water resources is a way adopted by many countries after a long period of exploration, and has become a general trend, which plays an important role in the protection of watershed water resources. At present, some watershed legislation related to watershed management has been formulated in China, and the hierarchical management of the Yangtze River, the Yellow River, the Huaihe River, the Pearl River and Taihu Lake has been established, which has played a certain role in protecting the water resources of the basin. However, the legal system of water resources watershed protection in China has not been effectively established, there are gaps in the existing laws and regulations, the management system of watershed management institutions is not smooth, and the coordination between environmental law enforcement and regional interests is not enough, which makes the protection of river basin water resources lack of legal protection and weak operation. Therefore, it is urgent to establish a sound legal system for river basin protection, protect it by law, and overcome the disadvantages of the current system through omni-directional institutional norms. The purpose of this paper is to improve the management system of Huaihe River Basin, in order to provide reference for the improvement of Huaihe River Basin management system, mainly from several aspects. The first part analyzes the situation and existing problems of Huaihe River management, summarizes the achievements and shortcomings of Huaihe River management in the past ten years, and points out that many problems existing in the current Huaihe River Basin protection system in China are mainly manifested in the imperfection of legal pollution control legislation, unclear functions of watershed management institutions and imperfect public participation system. The second part is to introduce the countries that have gained good experience in river basin protection, including the United Kingdom and the United States, in order to draw lessons from the advanced experience of other countries' watershed protection system. Based on the characteristics of watershed water resources in China and the reality of our country, this paper discusses the reform and development of environmental law, and expounds the reform direction of watershed protection system in China. The third part puts forward some suggestions to improve the system on the basis of the analysis of the legislative defects of Huaihe River Basin protection. First, we should perfect watershed legislation with the concept of sustainable development, establish a multi-level legal system for river basin water resources protection, and further clarify the legal implementation system of watershed control. The second is to reform the watershed management organization, strengthen the function of the basin management organization, establish the whole consciousness of the basin, coordinate the watershed management and the regional management, and establish the coordination mechanism of all kinds of interests in the basin. The third is to clarify the responsibility of the government and standardize the behavior of the government. The fourth is to protect the environmental rights and interests of citizens, establish citizens' environmental claims, and improve the mechanism of public participation and environmental dispute resolution.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
【参考文献】
相关期刊论文 前10条
1 王资峰;宋国君;;流域水环境管理的政治学分析[J];中国地质大学学报(社会科学版);2010年01期
2 何江涛,钟佐q，
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