中国水资源法律颁布的时空分布特征及影响因素分析

Analysis on spatio-temporal distribution characteristics promulgated by water resources laws in China and relevant influencing factors

【目的】构建科学完善的水资源法律体系是破除我国水资源困境的重要途径,对我国水资源法律颁布的时空分布特征进行分析,以期为我国水资源的高效利用与保护提供基础依据。【方法】对我国1980-2019年水资源法律颁布的时空分布特征进行分析,并在计算水资源综合协调度,同时考虑区域GDP的基础上,采用地理探测器对胡焕庸线两侧地区水资源立法的驱动因素及其差异进行探讨。【结果】结果显示:截至2019年,水资源国家性法律、行政法规和部门规章的有效立法数分别为4部、14部和40部,而其更新速率则表现出相反趋势,分别为3.25次/部、0.73次/部和0.37次/部。水资源地方性法规的有效立法数为864部,而地方政府规章仅有421部,但二者在胡线东西两侧的比值均为87∶13。前者在胡线东西两侧的更新速率分别为1.23次/部和0.69次/部,而后者仅有0.74次/部和0.26次/部。【结论】结果表明:在时间上,水资源国家性法律的立法数变化主要与其法律效力有关,表现为法律效力越高,更新速率越快,但其立法数相应越少,且变化也更稳定。水资源地方性法规因其效力比地方部门规章高,在2005年后逐渐成为地方水资源立法的首选,特别是2015年后《立法法》赋予市级地方政府立法权,其立法数迎来爆发式增长。在空间上,胡焕庸线东侧地区的水资源立法数显著大于西侧,且更新速率也更快,但二者的比值随着立法基数的增加已趋于稳定。区域GDP和水资源综合协调度的交互作用是我国水资源地方立法的主要驱动力,其中胡焕庸线东侧立法主要与区域GDP有关,表现为“法律助推经济”;而其西侧立法主要与水资源综合协调度有关,表现为“问题催生法律”。

[Objective]To construct a scientific and perfect water resource law system is the important way to solve the dilemma of water resource in our country,and to analyze the spatio-temporal distribution characteristics of water resource law promulgation in order to provide the basis for efficient use and protection of water resource.[Methods]The spatio-temporal distribution characteristics promulgated by the water resources laws issued from 1980 to 2019 in China are analyzed herein,while the driving factors and their difference of the water resources legislations within the areas in both the sides of Hu Huanyong Line are discussed with GeoDetector on the basis of calculating the comprehensive coordination degree of water resources and considering the regional GDP at the same time.[Results]The results show that by 2019,the number of effective legislations of national water resource laws,administrative regulations and departmental rules on water resources was 4,14 and 40,respectively,while the update frequency showed the opposite trend,which was 3.25 times per law,0.73 times per law and 0.37 times per law,respectively.The number of effective local water resource regulations on water resources is 864,while the number of local rules is only 421,but the ratio between the east and west sides of Hu Huanyong Line in both regulations and rules is 87∶13.The update frequency of the former on the east and west sides of Hu Huanyong Line was 1.23 times per law and 0.69 times per law,respectively,while the latter was only 0.74 times per law and 0.26 times per law.[Conclusion]The results show that the changes in the number of the national legislations are mainly related to their legal effects in terms of time,and then exhibit that the higher the legal effect is,the faster the update rate is to be,however,the correspondingly less the number of legislation is,the more stable the change is to be.As local regulations and rules are more effective than those from local departments,they gradually become the first choices of local water resources legislations since 2005,especially,municipal local governments are endowed with legislative power by“Legislation Law”after 2015,and then the number of legislations is ushered in an explosive growth.Spatially,the number of water resources legislations in the regions of the eastern side of Hu Huanyong Line is obviously larger than that in the regions of the western side,while the update rate is faster as well.However,the ratio between both of them already becomes stable with the increase of the cardinal number of legislations.The interaction between regional GDP and com prehensive coordination degree of water resources is the main driving force for local water resources legislation in China,in which the legislations in the regions of the eastern side of Hu Huanyong Line are mainly related to regional GDP and are manifested as“law boosting economy”,while the legislations in the regions of the western side are mainly related to the comprehensive coordination degree of water resources and are presented as“problem hastening making of law”.The spatio-temporal distribution characteristics promulgated by the water resources laws issued from 1980 to 2019 in China are analyzed herein,while the driving factors and their difference of the water resources legislations within the areas in both the sides of Hu Huanyong Line are discussed with GeoDetector on the basis of calculating the comprehensive coordination degree of water resources and considering the regional GDP at the same time.The results show that the changes in the number of the national legislations are mainly related to their legal effects in terms of time,and then exhibit that the higher the legal effect is,the faster the update rate is to be,however,the correspondingly less the number of legislation is,the more stable the change is to be.As local administrative regulations and rules are more effective than those from local departments,they gradually become the first choices of local water resources legislations since 2005,especially,municipal local governments are endowed with legislative power by“legislation Law”after 2015,and then the number of legislations is ushered in an explosive growth.Spatially,the number of water resources legislations in the regions of the eastern side of Hu Huanyong Line is obviously larger than that in the regions of the western side,while the update rate is faster as well.However,the ratio between both of them already becomes stable with the increase of the cardinal number of legislations.The interaction between regional GDP and comprehensive coordination degree of water resources is the main driving force for local water resources legislation in China,in which the legislations in the regions of the eastern side of Hu Huanyong Line are mainly related to regional GDP and are manifested as“law boosting economy”,while the legislations in the regions of the western side are mainly related to the comprehensive coordination degree of water resources and are presented as“problem hastening making of law”.