《水污染防治法》控制手段的反思与重构

Rethinking and Restru cturing of the Control Means of "Water Pollution Prevention Law"

文章以主张重视和细分水污染控制手段为前提,以反思和重构现行的水污染控制手段为研究目的。采用了规范分析的方法,剖析现行水污染控制手段存在的诸多弊端;采用了比较分析的方法,借鉴美国在水污染控制中的经验,探析与总结选用水污染控制手段的内在规律诉求。我国现行《水污染防治法》对于水污染的防治虽然起到一定作用,但效果不甚理想,其重要原因在于重视了宏观的立法理念更新和微观具体制度完善,却忽视了中观层面的水污染控制手段的改进。我国的《水污染防治法》虽然历经修订,但其对于水污染的控制手段却一直延循的是以技术为基础的排污标准控制手段。这种手段在内在机理与外显制度上难以实现预期立法目的,它实施成本过高,效率低下,是一种列举而非概括的控制手段,难免顾此失彼。故此,我们的立法修订不能止步于反思和完善具体制度和机制,但更要反思《水污染防治法》的控制手段,重视以水质目标为标准的控制手段,并相应进行具体制度的构建。

Based on the motion that water pollution control is paid enongh attention and highly classified,and aimed at rethinking and reconstructuring the existing water pollution control measures, norm analysis method was adopted to reveal the disadvantages of current water pollution control means.Through parallel analysis method,we have drawn American experience in controlling water pollution to sum up the principle for selecting appropriate water pollution control means.Although current ＂Water Pollution Prevention Law＂ plays a certain role in fighting against water pollution,the effect was not good enough.It is because that focus of the law is on renewing macroscopic legislation idea and perfecting microcosmic specific system,while not on the improvement of water pollution control means at the meso-layer. Although there have been several amendments to China＇s ＂Water Pollution Prevention Law＂,these amendments did not refer to the control means,which is based on a technology-based sewage standard and control method.Whether from the riew of system or the riew of mechanism this means is difficult to achieve the legislative intent.The current means is high in cost and low in efficienly.It is a kind of,be one kind of enumeration but not a summarization.Therefore the amendments of the ＂Water Pollution Prevention Law＂ can not only focus on the system and inechanism,but also on the control means.We should pay attention to the measure,which take the water quality as its standard,then build a correspording system.