德国水法发展对我国治水的借鉴意义

Reference Significance of the Development of German Water Law for China's Water Governance

本文从深受欧盟水政策影响的德国水治理的历史发展和基础理念出发,对德国《水平衡管理法》的法规框架和总则进行了阐述、分析与比较。德国经验表明,在法治框架下,依可根据持续性原则,对水事进行综合治理。只有根据可持续性原则和通过法治,才能长期确保水安全,维护人与自然的和谐,保持水体清洁和维护生态平衡,确保当代及后代人的环境与发展权。水事综合治理原则不仅要通过协调水体使用与保护之间的关系,来调整环保在相对于经济和社会的传统不平衡地位,更要遵循自然水循环的本质特征。建议我国在《水污染防治法》的修订中,需要基于我国现实技术支撑的易操作制度,来实践可持续性原则和水事综合治理原则,强化法律间的协调。同时,还在立法技术上提出了若干建议。

Based on historical development and concept of water management in Germany, which was deeply impacted by EU water policy, this article elaborates, analyzes and compares the regulatory framework and general principles of Germany ＂water balance management law＂. The German experience shows that the integrated and comprehensive water management is made in the principle of the rule of law and sustainability. Only thus, people can ensure long-term water security, and maintain harmony between man and nature, and keep the water clean and guarantee the ecological balance, as well as safeguard the right to the environment and development of contemporary and future generations. The principle of integrated water management should not only adjust the unequal status of environmental protection in relation to traditional economic and social development, namely the coordination of relationship between water use and protection, but also require to follow essential characteristics of the natural water cycle. It was suggested that in the revision of ＂water pollution prevention law＂, it needs to be easy to operate which based on our reality of technical support to practice the principle of sustainable development and comprehensive management of water. The coordination between laws should be strengthened. Moreover, it was made a number of recommendations in the legislative technology.