三峡库区生态环境行政监管机制之困境与完善

The Dilemma and Improvement of the Administrative Supervision Mechanism for the Ecological Environment of the Three Gorges Reservoir Area

三峡库区监管主体的多重性及在监管范围上的行政分属性使监管主体职权呈现分散性和交叉性特点;监管客体在流域层面的割裂性和生态系统的整体性导致库区"多龙治水"的监管困境。文章结合当前"大部制"改革背景,提出三条完善路径:一是组建一个独立且统一的综合管理机构,化"多龙"为"一龙"领导下的分头监管;二是将现有的长江水利委员会更名为长江流域管理局并提高其行政级别,使其隶属于国务院;三是尝试"央地""府际"协同治理,创新库区环境行政管理方式。

The multiplicity of supervising subjects in the Three Gorges Reservoir area and the administrative sub-attributes in the scope of supervision have led to the decentralized and overlapping of the supervisory authority.The fragmentation of the regulatory object at the watershed level and the integrity of the ecosystem have led to the dilemma of the multi-administrative supervisors in the reservoir area.Three solutions have been propsoed against the present background of super ministry system:One is to set up an independent and unified comprehensive management organization,turning multi-administrative supervisors into one single administrative supervisor with several executive departments;Second is to rename the existing Yangtze River Water Resources Commission as the Yangtze River Basin Administration and increase its administrative level to be affiliated with the State Council;Third is to try to use the"central and local"and"inter-government"collaborative governance model to innovate the environmental management in the Three Gorges Reservoir area.