On The Legal System Of Planning Water Resources Demonstration

Planning water resources demonstration is an important measure to consider and realize the adaptation of water resources carrying capacity of a region or basin to regional economic development on the basis of considering the regional water resources carrying capacity.Although the Water Law,the Yellow River Protection Law and other legal systems of planning water resources demonstration in China provide basic legal basis,through the analysis of the current situation of existing legal provisions and practice,we can see that the legal system of planning water resources demonstration is not perfect in terms of object,subject,procedure,legal effect and accountability mechanism.Specifically,the applicable types and levels of the demonstration objects are unclear;The subject of compilation and review of the argumentation subject is unknown,the qualification of the undertaking unit is not targeted,and the expert review system has not been established;The procedure setting is not perfect,the review procedure and the evaluation procedure in implementation are missing,and the change procedure is not perfect;The legal effect of the planning itself,the "three lines and one order" and the construction project is not clear;For the failure to demonstrate as required and the lack of legal responsibility of the report preparation unit,the connection with the existing accountability method is not smooth.In order to effectively promote the development of planning water resources demonstration and better explore the legal system of planning water resources demonstration that is suitable for China’s actual needs and national conditions,more attention should be paid to the design of the legal system of planning water resources demonstration.First of all,the scope of the demonstration should be clearly defined,and the overall management should be carried out at the national,river basin and municipal levels according to different planning types such as regions,cities,industrial parks and river basins.Secondly,the main body of the demonstration should be clarified,and the main body of the preparation should be the planning preparation department,which can entrust qualified units to carry out the preparation,and the main body of the review should be the water administrative department;And improve the qualification certification system of the undertaking unit;Establish a multidisciplinary expert review committee mechanism in groups.Thirdly,improve the argumentation procedure,and establish the review procedure of planning water resources argumentation;Establish the evaluation procedures for the follow-up evaluation and post-evaluation system of the water resources demonstration report;Distinguish the situation of procedure change and advance the change procedure.Second,clearly demonstrate the effectiveness.For construction activities not carried out as required,the planning approval authority shall not approve the implementation of the plan;Pay attention to the connection between the planning water resources demonstration and the "three lines and one single" system from multiple perspectives;Promote the connection with construction projects to simplify the approval process.Finally,strengthen the accountability mechanism,clarify the legal effect of the failure to demonstrate and the failure to demonstrate scientifically,and incorporate the planning water resources demonstration into the leader’s departure audit and lifelong accountability system,and investigate the administrative and criminal responsibilities of the planning water resources demonstration unit and the responsible person.