对广东北江镉污染事件的立法评析——兼评《水污染防治法》

A Legal Review Based on Cadmium Pollution Incident in Beijiang River——Revaluating the Law on Prevention and Control of Water Pollution

本文选取环境问题比较突出的水污染领域进行集中探讨,从分析"广东北江镉污染"这一具有典型意义的水污染突发事件入手,首先分析导致北江污染事件发生的具有普遍意义的共性原因,然后总结1996年《水污染防治法》存在的问题并提出修订法律的必要性,最后通过对2008年新修订的《水污染防治法》相关制度的解读与评说,来提出进一步完善新法的一些立法建议。

This article mainly focuses on some important issues relevant to water pollution. Firstly, the author chooses a typical water pollution case Cadmium Pollution Incident in Beijiang River of Guangdong Provinceas the beginning of analysis. Some potential important problems are found through analyzing the above case. It finds some problems of the law on Prevention and Control of Water Pollution in 1996, and presnets it is very necessary to amend this old law. From this perspective, after the new water law is worked out in 2008, it makes great significance. However, it is noted that there is still tiny problems, which should be improved. Therefore, the author also gives some his own legal suggestions in the end.