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Research On The Legal System Of River Basin Pollution Control

Posted on:2017-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:H L BaoFull Text:PDF
GTID:2311330509953730Subject:Environment and Resources Protection Law
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Meanwhile, China's rapid economic development in recent years has also brought a variety of ecological and environmental problems. Due to concerned with industrial economy and public health, water pollution has become to be the focus of environmental issues. With the industry's economic prosperity and the change of people's lifestyle, the dependence on water from production and living has been deepening. As development of water resources utilization continued to increase, the quantity and species of pollutants discharged into water bodies have been growing. From the early lower level of point outbreak, water pollution has been developed into a advanced form that break broadly in river basin. Water pollution not only poses a serious threat to water resource security, but also challenge the ecological civilization construction and sustainable development. Since the Huaihe River basin water pollution, China began to make efforts to solve the river basin water pollution problem, and try to establish some legal system and public a serious of policy to encourage the development of environmental protection industry. However, in subsequent years some pollution accidents still erupted such as King Songhua River pollution accident(2005), algae event in Lake Taihu(2007), Handan pollution incidents caused by Shanxi Changzhi aniline leakage(2013), Gansu, Shanxi, Sichuan province antimony pollution caused by Taishihe river antimony leakage(2014), Chongqing Wushan reservoir pollution caused by Hubei sulfur mine(2015)and so on. Following years of unremitting effort, China's 13 th five year plan intends to make a huge investment in river basin water pollution.Environment and Resources Protection Law has a close correlation with Natural Science. Water basin characteristics determine the characteristics of river basin water pollution. Water pollution has widespread, intricate and diversiform characteristics. This requires that basin vision should be put into water pollution prevention. The paper tries to analyze the theoretical basic of watershed pollution law system from the point of environmental justice, interest balance theory and public choice theory. The paper deeply reviews the system practice. As the imperfect of management system, concerning legislation and public participation. Watershed pollution control has been got into trouble. Specifically, in the respect of river basin water resources management system, government-leading management lead to interest conflict in multi-sector management in the longitudinal direction and between regional governments in the transverse direction which is called a disconnected management system. At the same time, river basin authorities cannot play an effective coordinating role in this vertical and horizontal interest game as the long-term weakness. In the respect of water pollution legislation, there is problems such as dated legislative mind, defective legislative mode, special provisions flaw in river basin water pollution control. In the respect of public participation, the lack of public information and participation channels make the public cannot effectively play tis role.The experience of western developed countries indicates necessity and feasibility of water basin control. The successful experience provide reference for China's river basin pollution control that changing management mode from dispersive control mode into a centralized and coordinated one. So, we should establish integrated control mechanism, strengthen river basin management authorities' management functions. So that prevention first principle was rooted in the whole process of water resource development and utilization. Meanwhile, intergovernmental cooperation should be carried to imperfect terminal treatment. Carry out integrated legislation about water resource development and pollution treatment to make river basin legal system is more scientific and systematic. Meanwhile, make special provisions and water basin plan and practice rules according to characteristic of different river basin. Finally, the paper proposed countermeasures to broaden public participation channels, support environmental charity organization development and introduce social capital to participate in river basin pollution treatment.
Keywords/Search Tags:river basin pollution, legal system, watershed control, intergovernmental cooperation
PDF Full Text Request
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