水资源保护与水污染防治在立法上的关系探析

The Relations between Water Resources Protection and Water Pollution Prevention in the Legislation

水资源保护包括水量与水质的保护,水污染防治主要是水质保护。这种关系在立法上表现为:各国水法内容上千差万别,但都将防治水污染作为水法或水资源保护法的一项内容。在我国,水法与水污染防治法之间的普通法与特别法关系更为明显,针对水污染严重、水污染防治与水资源综合开发利用衔接不够等问题,水法强化了水资源保护的规定,是对水污染防治法的补充完善。鉴于我国现行水事法律中存在的问题,应通过立法切实解决流域水污染防治规划与流域水资源保护规划的衔接和协调。

The protection of water resources includes protecting the water volumes and the water quality ;The prevention of water pollution is mainly the water quality＇ s protection. This kind of relations in the legislation shows that prevention and control of water pol- lution takes an important part in water law in various countries. In China, the relations between water law and the water pollution pre- vention law are common law and the special law. In view of many problems such as the seriousness of the water pollution and the insuffi- cient engagement of water resources, the water law strengthened stipulation of the water resources＇ protection, which is the supplement of water pollution prevention law. In view of the existing problems in eomteporary water law,we should solve the matters on coordination of water pollution control program and the water resources conservation program earnestly through the legislation.