A Study On Legal Problems Of Water Pollution Governance Of Cross Administrative Regions

China has a legal system of water pollution control, cross pollution of water environment administrative region is still widespread phenomenon. This paper examines the phenomenon of water pollution across administrative regions from the perspective of the rule of environmental law and considers that the fundamental reason is the property right structure and constitutional structure is not perfect. The author points out only starting from the property right system and the constitutional government system, fundamental law system of trans-regional water pollution control may be established.The across administrative water environment and legal system are public goods. Traditional government-center is inadequate to provide these two kinds of public goods. Under governments are also rational organizations, their rational game cannot achieve maximized benefit among several regions. Therefore, the theory of governance is helpful to deal with this problem. Administration need transform from single center to multi center governance, pay more attention on the roles of the market and society. This article focuses on the environmental governance in the cooperation among governments and the public from the legal perspective.Based on our existing situation of cross region water pollution control legislations and learned from the logic analysis of economic externalities, this paper tries to build a similar legal framework of analysis, pointing out that the basic causes of the existing legal failure is the responsibility is not clear, lack of accountability mechanism. Therefore, the key step is the construction of accountability of government responsibility and punishment mechanism to illegal actions. The focus is to start the social power, giving the public right on participation in environmental governance.This paper introduces the international and foreign experience in public governance about cross regions. Combining the actual conditions of our country, the countermeasures are given. One is how to perfect environmental property and institutionalize existing spontaneous intergovernmental cooperation mode. The other is about system construction of public participation in environmental governance through public interest litigation. The former emphasizes that "law" should be established:the cooperation relationship among the local governments. At the same time, government and the cadre assessment system should be institutionalized with a clear environmental quality constraint. The latter emphasizes that to foster environmental protection organization, to strengthen the ability construction, to provide incentive and constraint mechanism of environmental public interest litigation.