跨省际流域生态环境协同治理研究

Eco-environmental Synergistic Governance of Inter-provincial River Basins

为了破解跨省际流域生态环境协同治理难题,以嘉陵江川渝段的协同治理为分析对象,系统地研究了其动力和制度逻辑,研究结果表明:川渝嘉陵江流域协同治理的外部动力是成渝地区双城经济圈建设,其内部动力是流域经济发展与生态环境保护的协调;川渝两省市通过区域协同立法的形式搭建了具有合宪性的“决定+条例”法律框架,以法定化的协同治理破解集体行动的困境。同时指出,新生的协同治理制度存在流域协商机制实效存疑、公众参与制度缺位的缺陷。可通过加强流域协商机制的独立性建设和制定提供公众参与的制度来优化。

In order to solve the problem of eco-environmental co-governance across inter-provincial river basins,the co-governance in Sichuan and Chongqing of Jialing River was taken as the object of analysis,and its dynamics and institutional logic were systematically studied,finally,the paper puts forward some suggestions for optimization,and draws the following conclusions:The external motive force of coordinated management of Jialing River basin in Sichuan-chongqing is the construction of the Chengdu-Chongqing economic circle in southwest China,and the internal motive force is the coordination of economic development and ecological environment protection of the basin.Sichuan and Chongqing set up a constitutional legal framework of“decision+regulation”by means of regional coordinated legislation,and solved the dilemma of collective action by means of statutory coordinated governance.The defects of the new collaborative governance system are as follows:the effectiveness of the river basin consultation mechanism is in doubt and the system of public participation is absent.It is necessary to optimize the system that include strengthening the independence of the river basin consultation mechanism and providing the institutional guarantee of public participation.