我国流域环境管理的法治路径:挑战与应对

Rule of Law Path to Watershed Environmental Management in China:Challenges and Countermeasures

多重关系视角下才能够对流域环境管理的法治路径进行整体把握。中央与地方关系构成流域环境管理的主导因素,依法设置国家重要流域生态环境监管机构、不断调整流域生态环境考评制度是在强化中央统一管理的组织法、行为法机制,但依然存在着继续改进的空间。流域上下游地方政府间关系构成流域环境管理的关键因素,双方或多方缔结的流域补偿协议能够满足各自利益需求,故有广阔发展空间,但同时也带来法治化发展的长期挑战。流域地方政府部门间关系构成流域环境管理的保障因素,明确涉水政府部门的权责清单、规范其分工固然重要,如何实现它们协作关系的规范化更具有长远意义。政府与社会关系构成流域环境管理的外在因素,能够促使相对封闭的流域环境管理体制走向开放;流域信息公开制度和环境年度报告制度的持续改进,推动着流域环境管理不断满足社会需求。

Only from the perspective of multiple relationships can legal development path of watershed environmental management be comprehended as a whole.The relationship between central government and local government constitutes the leading factor of environmental management in a river basin.The establishment of national key river basin ecological environment supervision institutions and the continuous adjustment of river basin ecological environment assessment system are the organizational law and behavioral law mechanisms to strengthen the unified management of the central government,but there is still room for further improvement.The relationship between the upstream and downstream local governments is a key factor in watershed environmental management.Since the watershed compensation agreement concluded by two or more parties can meet their respective interests,there is broad development space,but it also brings long-term challenges to the development of the rule of law.The relationship between local government departments constitutes the guarantee factor of watershed environmental management.Although it is important to clarify the list of rights and responsibilities of government departments and to standardize their division of labor,it is more meaningful to realize the normalization of their cooperative relationship in the long run.The relationship between government and society constitutes the external factor of watershed environmental management,which can open up the relatively closed watershed environmental management system.The continuous improvement of watershed information disclosure system and annual environmental report system helps the watershed environmental management to meet the social needs.