中国水治理的法制建设问题与对策建议

The research on the problem and countermeasures of legal construction of water treatment in China

我国的水治理立法存在立法欠缺和规范冲突两个不足,建议重塑立法理念、加强立法协调,制定综合性的《流域管理法》和《长江法》《黄河法》等专门法律,出台《节水条例》等法规和规章。针对监管体制不顺、联合执法程序缺失、长效协作机制匮乏等监管制度问题,建议衔接河长制、湖长制与法定监管机构的职责,开展流域水综合执法机构试点,完善执法责任追究机制和纠纷解决机制,建立信息共享、联合巡查等法律机制,加强区域和部门间执法协作,形成执法合力。针对社会组织提起公益诉讼资格受限等司法制度问题,建议健全检察机关提起公益诉讼的条件、范围和程序,统一水治理司法尺度,放宽社会组织提起环境民事公益诉讼限制,建立社会组织提起环境行政公益诉讼的制度,研究建立刑事附带民事公益诉讼制度。

There exit two deficiencies in water governance legislation of China which are lack of legislation and conflicts of norms. It is suggested to reshape the legislative concept,strengthen legislative coordination,formulate the integrated Watershed Management Law and other special laws such as the Yangtze River Law and the Yellow River Law,and introduce the water-saving regulations and other laws and regulations. Aiming at the problems of unsmooth supervision system,loss of joint law enforcement and lack of long-term cooperation mechanism,it suggests linking up the duty of the river chief,lake chief and legal regulators,carrying out river basin water comprehensive law enforcement agency pilot,perfecting law enforcement responsibility assigning mechanism and dispute solving mechanism,establishing information sharing,joint inspections and other legal mechanism,and strengthening law enforcement cooperation between regions and departments to formulate law enforcement efforts together. Aiming for the judicial system problems of the limited public interest litigation qualification of social organizations, it suggests perfecting the conditions, scope and procedures for the investigating and prosecuting apparatus to file a public interest litigation,unifying the judicial scale of water governance,easing the restrictions for social organization to initiate environmental civil public interest litigation,establishing the environmental administrative public interest litigation system for social organization, and studying and establishing the system of the civil suit collateral to criminal proceedings public interest litigation.