The Fourth Plenary Session of the 19th Central Committee of the Party emphasized the need to "strengthen the Yangtze River、Yellow River and other Dajiang River ecological protection and system governance "。"System Governance" not only shows the overall and comprehensiveness of the Yangtze River governance，It also means that the Yangtze River governance has entered refined、institutionalized and normalized stage。Where，Floodsticks as a key defense line as a flood control system in the Yangtze River Basin，It is responsible for protecting the lives and property safety of people's lives and property in the middle and lower reaches of the Yangtze River，It also tested the governance ability of governance due to various matters。Although the construction of a flood stagnation area is just a local problem，However，enough to provide many experiences that can be used for the governance of the Yangtze River system。

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Following Death Instance as one of the "non -engineering" flood prevention strategies，Its core function is when facing the general flood，Flood splitting peaks to ensure safety of key areas。First，Floodstreaming Area is an important way to ensure people's personal safety and property safety。On the one hand，Floodstream and stagnation areas through the establishment of a controllable flood division and delay project，For the consideration of "two harmful power to take its light"，Can effectively reduce the harm of floods to densely populated areas。On the other hand，The flood stagnation area itself strictly limits population inflow and production scale，The loss caused by the stagnation of the flood as much as possible。In other words，The flood stagnation area shows the concept of "Bet365 app download Keep The Flood Away" to "Give The Flood Way".，Then follow the principle of "cost -benefits" to deal with flood problems。

Next，Floodstroke area is produced by the people、Important places for life。The flood stagnation area is not "must be used in waterlogging"，It is mainly for the "bottom" to exceed the standard for the flood，Therefore, the function of the flood stagnation area is actually based on a certain probability。In most cases，The flood stagnation area can still be engaged in production labor normally。Coupled with the consideration of most flat and "cost -benefits"，Floodstreaming area often has good agricultural production conditions，thus becoming a gathering place in the village。

again，Floodstreaming area points to a new mode of getting along with nature。Obviously，There is a huge tension between the safety and guarantee function of the flood stagnation area and the production and life functions，The relationship between the essence and nature is related to nature。From the perspective of functional dimensions，The flood stagnation area strictly limits people's development and transformation of nature，The "precision" balance must be achieved between safety guarantee and production and life，And this balance originated from the uncertainty of natural disasters。From time to time dimension，The relationship between the people within the flood stagnation area is not the change of change，Need to switch between diverting flood peaks and daily life，and this switch increases the uncertainty of human behavior。Therefore, the idealized flood static area construction and management，Actually it is exploring a mode of getting along with naturally with nature，and can provide experience that can be replicated or reference for the Yangtze River system governance。

　　Real dilemma in the flood stagnation area

In sharp contrast to the important position of the flood stagnation area, it is，my country's flood storage area usually faces a dilemma in practice，It is often difficult to play effectively。First，The frequency of some flood stagnation areas is relatively low，Coupled bet365 Play online games with the production and living conditions pointed out above，The population moved into the population in the flood stagnation area is increasing，Living and production facilities continue to increase，Become a de facto living gathering area and agricultural and industrial zone。In this situation，The safety and guarantee function of the flood stagnation area may be "similar"。On the one hand，Population expansion will inevitably hinder the speed of metastasis and post -disaster resettlement progress，It has a negative impact on the entire flood prevention situation。On the other hand，The construction of various infrastructure is continuously strengthened，Not only adds the difficulty of moving when flooding，It has also improved the cost of use in the flood stagnation area，Calling the compensation amount。To some extent，The result has caused many flood stagnation areas or "unavailable"，or "unnecessary use" for excessive cost。

Next，Two functions in the flood stagnation area are often difficult to change smoothly，Realize sustainable development。The opposite of the problem is，Some flood -stabilizing areas are difficult to restore production and living functions after use。There is also the right to seek development，But remove the damage to the ecological environment of the flood itself，Insufficient reconstruction ability after disaster、Single factors such as economic structure also affect the sustainable development of the flood stagnation area，It makes it difficult for it to recover its production and life function quickly，As a result, it affects the living standards and land use efficiency of the people in the area。

again，The legal system that supports the flood stagnation area is difficult to cope with the needs of increasingly complex Hong District management，Must be further improved。"Flood prevention method" (promulgated in 1997，Revised in 2016)、"Interim Measures for the use of compensation for the use of flood stagnation areas" (promulgated and implemented Bet365 lotto review in May 2000) constitutes the legal framework for the management of flood storage area，"Comprehensive Planning of the Yangtze River Basin (2012-2030)", "National Flood Staldish Area Construction and Management Plan", "Flood Control Plan for the Yangtze River Basin", "Construction and Management Plan for Flood Staldles in the Yangtze River Basin" Standard effect。But，Most of these specifications are focused on macro，The basis for the setting of the flood stagnation area、Function positioning、Operation method、Safety facilities、Construction Standards、Management measures and other specific and micro content，It still needs to be further clarified。More importantly，The governance category of the flood stagnation area belongs to a subsystem of the Yangtze River governance，The corresponding management items must be comprehensive with the basin、Planning connection。

　　Optimize the governance of the floral and stagnation area with the rule of law thinking

It is not difficult to find，The construction and management of the flood stagnation area will often fall into the situation of "advance and retreat"，It is difficult to reach a dynamic balance between safety guarantee and production and life，One of the key reasons is，Failure to fully plan the construction of a flood -stroking area with the thinking of rule of law。The rule of law is an important way to govern the country for governing the country，Not only is it committed to scientific legislation、Strict law enforcement、Justice justice、Statistics of the whole people，It also emphasizes the law and implementation to fully reflect the will of the people。Specific to the flood stagnation area，The application of the thinking of rule of law mainly refers to the following three aspects。

First，Improve the legislative level of the flood stagnation area。Legislation of the flood stagnation area should adopt a high -level unified mode，Dis -definition of flood stagnation zone、Management、Use、Restore and withdraw from the overall regulations。On the one hand，The construction and management of flood bet365 Play online games storage areas in the entire basin space belongs to the typical watershed rights。Its content not only involves flood control situation and security，Also with social culture、Diversified factors such as economic development status，Unified legislation can change the situation of "respective politics" along the basin，It also helps to promote the governance of the Yangtze River system。On the other hand，Management of flood stagnation areas is not simply technical work，It also involves natural resource planning、Population Household Registration、Local financial support、Compensation for flood disasters and other matters。For these problems，Low -level management rules or temporary methods still lack a certain legal sense of binding force。Therefore, the unified legislation aims to provide high -efficiency legal basis for construction and management of flood storage areas，Establish more scientific、The powerful system implementation system。

2，Strengthen the institutionalized management of the flood storage area。Under the premise of relatively complete legislative system，Strict law enforcement determines the quality and effectiveness of the management of flood storage areas。Based on the principle of rule of law，This institutionalized management can be divided into two levels: entity and program。First, the institutional level is refined，That is, the refined management of management is realized on the basis of following the upper method。If the space of the space of the internal space in the flood prevention area is divided into the function of the flood prevention plan，Can improve the efficiency of resource utilization。Several types are subdivided into several types according to the frequency of use，helps to form a more targeted management solution。The second is the process standardization at the program level，Emphasize the institutionalization of the management process。For example，Migration of the population、Construction of infrastructure、Bet365 app download Determination of the amount of compensation、Determination of the amount of compensation，All shall strictly follow the legal procedures。Observe from the external perspective，Standardized process also involves a delayed stagnation area、National Compensation、Reflection of logical relationship between the three insurance system。The flood stagnation area should strictly control the migration of the population、Encourage the population to move out，This can give full play to the role of compensation and insurance。

third，Using the interests of the people as the fundamental promotion of the development of flood storage areas。The thinking of the rule of law must be based on "people" as a foothold and a foothold，"Rights" as an important factor in the establishment of rules。Specifically，At present, you can start from the following aspects: First, the use of compensation and insurance policies reasonably，Not only must we ensure the basic life of the people through streamlined registration content and compensation links，At the same time, you can also consider the adjustment of the industrial structure with compensation policy。The second is to actively use fiscal and tax policies，To respond to the legitimate interests and reasonable demands of the people in the flood storage area。For example，You can try to introduce the national ecological compensation policy into the flood stagnation area，、Low -risk flood stagnation areas give tax reduction and exemption、Land use and other preferential policies，to promote regional development。Third is to effectively seek supporting support for social policies，Improve the enthusiasm of the population to move out。Guide the flood stagnation area，Especially the movement of the population in the high -risk Hong District，Only by propaganda education or administrative execution is often more than half the effort。Adhering to the belief of the people's interests，It should also be lived on the movement of the movement、Household registration、Education、employment and other support，bet365 best casino games The specific implementation process can refer to the assistance policy of the reservoir immigration to a certain extent。

　　(This article is the "Pre -Environmental Legal Research System Research" (16BFX099) phased results)

(Author Unit: Law School of Hubei Institute of Economics)