| Under the background of developed transportation to promote the country’s prosperity,our country’s high-speed rail construction is developing rapidly,and the high-speed rail network covers more and more areas.In the process of high-speed rail construction,water environmental protection is inevitably involved.Therefore,strengthening the legal system of water environment is one of the important things in high-speed rail construction.The construction of high speed railways is a special part of the construction project.There are many academic researches on the legal system of water environmental protection,but the content of the deficiencies of the legal system of water environmental protection is still lacking.Therefore,the improvement of the legal system of water environmental protection in the process of high-speed rail construction is worth studying.The first part defines the green concept of water environmental protection legal system.With the four aspects of green legislative principle,green legislative purpose,green legal system and the green legal responsibility as the value guide.Combining the characteristics of high-speed rail construction projects such as long construction period,complex projects,and wide coverage,it is proposed that water environmental protection in high-speed rail construction should follow the principles of particularity,integrity,sustainable and coordinated development,and full-process supervision.The second part is based on the requirements of the green legislation concept for water environmental protection in the construction of high-speed railways.By reviewing the existing problems in the legal system of water environmental protection in China,the shortcomings are pointed out: the decentralized legislation is contrary to the principle of integrity in legislation,the water environmental protection law is difficult to apply because it does not consider the particularity of high-speed rail construction,there are conflicts between the existing legal systems,etc.Then combined with the actual situation pointed out the imperfections of the current water environmental protection legal work in the process of high-speed rail construction.The main problems include: the environmental impact assessment is not flexible enough,the legal system does not clearly stipulate the supervision system and the supervision methods need to be innovated,the water environment system needs to be improved and its monitoring indicators are not comprehensive,the laws and regulations of the water environment supervision system in construction projects are seriously scattered and the public participation system needs improvement.The third part makes recommendations.Firstly,from the perspective of legislative philosophy,it proposes to improve China’s water environmental protection legal system through three aspects: establishing the concept of ecologism in legislation,promoting a green transformation of the legal system,and insisting on sustainable development.It then discusses the specific perspective of the improvement of the water environmental protection legal system in the construction of high-speed railways,proposing legal suggestions such as improving the responsibility mechanism of the environmental assessment system,formulating laws and regulations for the supervision system,innovating the supervision method,improving the monitoring indicators,establishing an independent supervision system,and strengthening the improvement of the public participation system.In a word,the current legal system for water environmental protection in high-speed railway construction should shift its focus from post-implementation to pre-implementation,pay attention to the greening of the legal system for water environmental protection,improve the legal system,regulate the restoration of the water environment with a green legal liability system.Promote the development of water environmental protection work in the construction of high-speed rail with a through legal system of water environmental protection... |