论我国海岸带立法的核心内容

Study on the Core Content of Coastal Zone Legislation of China

2018年11月18日发布的《中共中央国务院关于建立更加有效的区域协调发展新机制的意见》明确提出了“推动海岸带管理立法”的工作要求。该工作的重心理应是解决目前我国海岸带管理实践中的突出问题,即陆海之间、部门行业之间和行政辖区之间难以统筹协调的问题。解决该问题的有效途径是通过立法的方式构建统筹协调机制。美国海岸带管理制度中的统筹协调机制颇具特色,由“总协调人”和“联络人”制度、“联邦一致性”制度、州海岸带管理项目与州其他项目的统筹协调制度,以及陆海统筹协调制度等方面组成。我国可以借鉴其成功经验,在海岸带立法中,以构建统筹协调机制为核心内容。该机制以程序性规则为主体,设立“总协调人”和“联络人”制度,组成统筹协调网络,并规定统筹协调的基本“排序规则”。

On 18th November 2018,the Central Government of China issued the Opinions of the CPC Central Committee and the State Council on Establishing More E ffective New Coordinated Regional Development Mechanisms,which sets up six overall objectives.In the sixth overall objectives of the Opinions,it specifically raises the requirement of promoting coastal zone management legislation.The key goal of this legislation is to find a solution to the prominent problems in the coastal management of China,which mainly lies on the coordination and cooperation between land and sea,and among di fferent departments as well as di fferent administrative regions.The e ffective solution to resolve the above problems relies upon the establishment of a coordination and cooperation mechanism,which shall be the core content of Chinese legal regime of coastal zone management.The coordination and cooperation mechanism of U.S.coastal zone management is quite special and e ffective.Such as the overall coordinator and composed by focal points,the coordination and cooperation between state coastal zone management programs and other state programs as well as land and sea.China could learn from the successful experiences and best practices of the U.S.to promote the establishment of a national coordination and cooperation network,which is led by the overall coordinator and composed by focal points,and regulate the basic rule of priority of coordination and cooperation,to serve as the basic mechanism for coastal zone management.