New achievements in the construction of my country's wading law
March 29, 2023 09:50 Source: "China Social Sciences" March 29, 2023 Total 2620 Author: Xu Xiangmin Zhou Shuyue

The Standing Committee of the National People's Congress passed the "Water Pollution Prevention Law" on November 1, 1984,By December 26, 2020, passed the "Yangtze River Protection Law"、December 24, 2021 Pass the "Wetland Protection Law",No less than 10 laws involved in freshwater involved,According to the sequence of promulgation time,At least including the "Fisheries Law", "Water Law", "Water and Water Conservation Law", "Flood Control Law", "Sandproof and Sands and Division Law", "Emergency Copy Law", "Channel Law", etc.。It can be said,my country has achieved brilliant legislative achievements in the construction of the wading law。2022,"Yellow River Protection Law" in environmental law scholars and national water conservancy、Ecological Environment、Comrades who work in agriculture and rural areas are officially promulgated with close attention and officially promulgated,This is the new achievement of the construction of my country's wading law。

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Except the "Yangtze River Protection Law",If the above 9 laws are established in the field of transaction、Establishing a system、Set behavioral specifications、Put forward work requirements, etc.,So,The Yellow River Protection Law has made a comprehensive absorption of these laws of these laws。For example,"Corresponding Law of the Emergency" announcement,"The State Establishs and Improved Emergency Monitoring System",Require "people's governments at or above the county level and their relevant departments" "according to natural disasters、"Types and Features" and other "types and characteristics","Establish and improve the basic information database,Improve the Monitoring Network "(Article 41),"Yellow River Protection Law" requires the "Yellow River Basin Coordinated Coordination Mechanism", "Coordinating and Coordinating the relevant departments bet365 live casino games of the State Council and the Provincial People's Government of the Yellow River Basin","Based on the established stations and monitoring projects","Significant" includes "monitoring network system" including "natural disasters" and "weather" (Article 12)。

Another example,"Water Law" regulations,"The country saves water for water,Vigorously implement measures to save water,Promoting new technology saving water、New process,Develop water -saving industry、Agriculture and service industry,Establishing a water -saving society "(Article 8),"Yellow River Protection Law" also put forward requirements for saving water。Its Article 9 stipulates: "State strengthening agricultural water saving in the Yellow River Basin to increase efficiency、Industrial water -saving emission reduction and urban water saving loss reduction measures,Encouragement、Promotion and use of advanced water -saving technology,Accelerate the formation of water -saving type、Lifetime,Effectively realize water resources saving intensive use,Promote the construction of a water -saving society。”

Another example,The "Soil and Water Conservation Law" requires "strengthening key prevention areas of the soil and soil loss and the slope farmland in the key governance area.、Castered dams and other key projects of soil and water conservation projects,Increase ecological repair "(Article 30, paragraph 1),Requires "local people's governments at all levels and their relevant departments", "in areas in hydraulic erosion", "organizational units and individuals,Small watersheds formed by natural gully and its hillside as the unit,Engineering measures should be taken according to local conditions、Plant measures and protective farming measures,Comprehensive governance of slope cultivation and channel soil loss "。"Yellow River Protection Law" related measures、The system also attaches great importance to。The requirements put forward by the 33rd of the "State Council's Water Administration bet365 best casino games Department" are "integrated together with the relevant departments of the State Council to strengthen the Yellow River Basas、Duo Sand Rough Sand Area、Ecological fragile areas such as water erosion wind erosion and desert rivers and other ecological fragile areas protection and governance,Evaluation of soil erosion and soil loss status,Implementing key prevention projects ",The requirements for the relevant "local people's governments above the county level" are "organizational promoting comprehensive governance of small watersheds、Comprehensive rectification of slope arable land、Loess Plateau 塬 surface treatment protection、Protective projects such as water and water conservation such as applauder vegetation,Take the noodles、Ditch head、Gully slope、Tourism protection and other measures,Strengthen the governance of the Dusha rough sand area "。

  More specific regulations on the relevant affairs of the Yellow River Basin

If the "Water Law" and "Water Pollution Prevention Law" and other water -related laws are widely applied to all the basin within the scope of sovereignty in my country、Water area,All rivers and lakes,Then the "Yellow River Protection Law" is a special law formulated on the actual needs of the Yellow River protection,It is a basin method that is only suitable for the Yellow River Basin。In this sense,Other wading laws are general laws,The Yellow River Protection Law is a special law。The major achievement of this special law in legislation is to put many systems in the general wading method、Specifications, etc., in accordance with the more conducive to the realization of the requirements for the protection of the Yellow River into a specific system or specific requirements in the Yellow River Basin。For example,"Fisheries Law" authorized "the Fishery Administrative Department of the State Council or the province、Autonomous Region、The Fisheries Administrative Department of the People's Government of the Municipal Municipality directly under the Central Government "shall" focus on the main protection of fishery bet365 Play online games resources and its fishing standards,Forbidden fishing area and fishing period,Fishing gear and fishing methods forbidating or restricting use,Minimum network eye size and other measures to protect fishery resources "and other" regulations "(Article 30, paragraph 2)。and the "Yellow River Protection Law" directly announced,"National Implementation of the Yellow River Basin's Key Water forbidden Fishing Period System","It is forbidden to engage in natural fishery resources in the key waters of the Yellow River Basin during the ban period",And required the "Method" for the implementation of the "Method of the State Council's Agricultural and Rural Administration Department",Requires "the local people's governments at or above the county level of the Yellow River Basin", "Doing a good job in the living security of fishermen during the fisherman of the fishing period" (Article 42 (paragraph 2)。

Another example,"Channel Law" to keep the river stable,Except for clearly announced "prohibiting" in the "sand and gravel ban areas",Forbidden "Sand Dating"、Do not follow the "scope of approval and operation method" and other behaviors,For other "sand in the river",Requires it to abide by the "Provisions on relevant laws and administrative regulations" (Article 36)。and the "Yellow River Protection Law" according to the needs of the Yellow River River protection,One aspect,Directly establish a specific diverse area of ​​the Yellow River Basin and the prohibition period。Article 69, paragraph 2 stipulates: "The Yellow River Basin Management Institution and the local people's governments at or above the county level of the Yellow River Basin delineate the forbidden area in accordance with the law,Regulations for the ban period ";" prohibited from engaging in sand mining activities in the Yellow River Basin and the prohibition period of the ban period "。On the other hand,For other "sand in the river",Standardized the implementation of the sand mining permitting system。Its 69 paragraph 2 stipulates: "The state implements the sand mining plan and license system bet365 Play online games for river waters in the Yellow River Basin",Sand mining in the Yellow River Basin "The sand mining permit should be obtained in accordance with the law"。

Another example,"Flood prevention method" will "Yangtze River、Yellow River、Huaihe River、Haihe's Defense Flooding Plan "was formulated to the" National Flood Control Command Agency ",For "cross -province、Autonomous Region、The Defense Flood Plan of the Rivers and Rivers directly under the Central Government "made the" Together "arrangement,That is "the relevant province" from the relevant river management agency、Autonomous Region、Formulated by the People's Government of the Municipality directly under the Central Government "(Article 40)。The Yellow River is the "Yangtze River、Yellow River、Huaihe River、Haihe River "This kind of important rivers in the river,"Defense Flood Plan" for this specific important river,The Yellow River Protection Law made specific arrangements。The preparation of the "Defense Flood Plan" as the overall Yellow River,This law awarded power to "State Council's Water Administration Department"。For "dry flow and important tributaries、Important Water Engineering "" Flood dispatching scheme "preparation,This law stipulates that the "Yellow River Basin Management Institution", "Together", and "Provincial People's Government of the Yellow River Basin" (Article 63)。

  Make special arrangements for special circumstances

"Wetland Protection Law" In addition to the implementation of the "responsibility for supervision and management of wetland resources", "wetland protection planning and related national standards" in the executive system,,Require natural resources of the State Council、Water Administration、Housing urban and rural construction、Ecological Environment、Agricultural and rural areas and other relevant departments,"Undertake wetland protection according to the division of responsibilities、Fix、Management related work "outside,Regulations to establish a "collaboration and information reporting mechanism",That is "the bet365 live casino games competent department of forestry grassland of the State Council" and "State Council Natural Resources、Water Administration、Housing urban and rural construction、Ecological Environment、Agricultural and Rural and other competent departments "" Wetland Protection Cooperation and Information Reporting Mechanism "(Article 5),and the "Yellow River Protection Law" according to the characteristics of the Yellow River Basin,Collaboration、Coordinated special arrangements。One aspect,This law establishs a "provincial coordination mechanism"。Article 4, paragraph 2 stipulates: "The Yellow River Basin Province、The autonomous region can be as needed,Establish a provincial -level coordination mechanism,Organization、Coordinated and promoted the ecological protection and high -quality development of the Yellow River Basin in the administrative area。"" On the other hand,This Law requires "related places" "、Planning Preparation、Advance and law enforcement to strengthen collaboration ",so。

Another example,"Water Pollution Prevention Law" just requires "enterprises that emit industrial wastewater" to take measures,Collect and deal with the "wastewater",Requirement of "classified collection and treatment" (Article 45),and the "Yellow River Protection Law" according to the special circumstances of water pollution caused by industrial and agricultural production activities of the Yellow River Basin,Requires the requirements of "strengthening the supervision and management of underground water pollution prevention and control in oil and gas mining areas",Requirements that have not put forward the laws such as the "Water Pollution Prevention Law" such as the relevant producers。Article 78 of the Law stipulates: "The local people's governments at or above the county level of the Yellow River Basin should strengthen the supervision and management of groundwater pollution prevention and control in oil and gas mining areas。"Development of coalbed methane in the Yellow River Basin、Different gas and other unconventional natural gas,Fracture it generated by it、Pick water for treatment and disposal "。In addition,The arrangement of "Yellow River Beach" (Article 66),"Sandy -proof bet365 best casino games and sand control method" is "Sanmenxia、Small waves、His County、Lu Hun、Hekou Village Reservoir "and other special regulations (Article 70), etc.,The Yellow River Protection Law is different from the special treatment of general wading laws。

 (Author Unit: School of Law School of Zhejiang University of Technology)

Editor in charge: Chen Jing
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