Study On Administrative Law Of Water Pollution Risk Control Tools

As an important part of environmental governance,water pollution risk management has become one of the important constraints of economic and social development in China,and has seriously affected the life and health of citizens,which has aroused great attention of the state and local governments.Scientific design and effective use of various types of water pollution risk management tools in the track of rule of law are the core links of water pollution risk management.However,from the practice of water pollution risk management in China,the frequent water pollution risk events in recent years,such as Songhua River water pollution risk events,Taihu Lake water pollution risk events,indicate that there is a serious legitimacy crisis in water pollution risk management tools.In response to the worsening risk of water pollution,the Chinese government has designed and implemented various types of water pollution risk management tools to try to solve this problem.According to different regulatory mechanisms,it can be divided into government led water pollution risk management tools,market-oriented water pollution risk management tools,and social participation water pollution risk management tools.Although these three kinds of water pollution risk management tools have their own advantages,they also have their limitations and even involve the legitimacy.Therefore,how to find out the problems of three different types of water pollution risk management tools under the regulation of administrative law and based on the current situation of water pollution management,and optimize their combination to achieve effective management of water pollution risk has become a problem we need to think about.Rationality analysis is the premise of research.The existence of three different types of water pollution risk management tools has its corresponding rationality.On the general theoretical level,the public nature of water resources,the negative externality of water pollution risk,the limited rationality of regulators,and the asymmetry of information provide rationality for the use of government led water pollution risk management tools.Pigou’s theory and Coase’s theorem based on market economy inject rationality into the existence of market-oriented water pollution risk control tools.However,the existence of social participatory water pollution risk tools comes from the continuous maturity of civil society and the improvement of public trust.In view of the high relevance between the risk management tools of water pollution and administrative law in the subject,content and other aspects,it is particularly important to analyze the rationality from the perspective ofadministrative jurisprudence.From the perspective of administrative behavior form theory,administrative legal relationship theory and administrative process theory,this paper makes a full study of three different types of water pollution risk management tools,and can have a clearer understanding of the operation mechanism,rights and obligations mechanism of the three types of water pollution risk management tools from the perspective of administrative law.On the basis of demonstrating the rationality of three different types of water pollution risk management tools,if we want to make a reasonable application of water pollution risk management tools,we need to provide the guidance of tool rationality,value rationality and public rationality for water pollution risk management tools from the perspective of legal philosophy.At present,the risk management tools of water pollution,which are guided by instrumental rationality,are manifested in standardized management behavior,procedural operation mechanism and quantitative management objectives.The establishment of instrumental rationality effectively improves the scientificity of the use of water pollution risk management tools.However,the use of water pollution risk management tools is not only technical.Instrumental rationality ignores the long-term benefits and objectivity of water pollution risk management,and also ignores the humanistic care in the use of tools.It emphasizes the value orientation of anthropocentrism,the legislation procedure led by experts,and the governance method of emphasizing post governance and neglecting pre prevention.Therefore,it is necessary to supplement it with value rationality and public rationality.The reason lies in the coordinated governance mechanism,sustainable governance behavior and humanized governance goal advocated by the value rationality,as well as the ecological holism concept of respecting nature and strengthening the democracy of legislation advocated by the public rationality,all of which can supplement the instrumental rationality.In a word,in the use of water pollution risk management tools,the rational orientation of combining tool rationality,value rationality and public rationality and changing the concept deviation in the use of current water pollution risk management tools can not only make up for the disadvantages of tool rationality,but also insight into the dominant thinking of people as the main body in the use of water pollution risk management tools from a deep level,To clarify the role of individuals in the risk management tools of water pollution.The discussion of philosophy of law is the foreshadowing of guiding practice.According to the direction guidance provided by legal philosophy for water pollution risk management,this paper summarizes the general situation of the application of water pollution risk management tools in China.At the normative level,relevant laws have madeclear and specific provisions on the selection mechanism and implementation mechanism of different types of tools.On the practical level,the selection and application of tools in China are investigated.Among them,the most widely used tools are government led water pollution risk management tools,while market-oriented water pollution risk management tools and social participation water pollution risk management tools are still in gradual development.The analysis of specific cases can highlight the current situation and problems.Based on the analysis of typical cases such as water pollution seeping pit case in North China,water pollution emission right transaction in Taihu Lake Basin and water pollution case in Songhua River,we can get the problems of three different types of water pollution risk management tools.However,the function of water pollution risk management tools is seriously restricted not only by the reasons of water pollution risk management tools themselves,but also by the current system and concept limitations.In view of the improvement of the existing problems in the risk management tools of water pollution in our country,the useful experience abroad can provide reference and enlightenment.In the use of water pollution risk management tools in the United States,we should pay attention to improving the government’s ability of water pollution risk management,introduce cost-benefit analysis methods,promote market-oriented water pollution risk management tools on a large scale,and emphasize the cooperation of various tools,which are worth affirmation and reference.In order to construct the value orientation of circular society,Japan’s local government plays a leading role in the risk management of water pollution,which provides necessary reference for China’s water pollution management to correctly handle the relationship between the central government and the local government,and to establish the correct value orientation of social development.There are many ways in Korea’s water pollution risk management tools,including friendly enterprise designation system,voluntary agreement system,water pollution risk indicator system,etc.,as well as the classification of pre regulation and post regulation in the government led water pollution risk management tools,which provide experience and inspiration for China’s water pollution management system design.Based on the useful experience of foreign countries,combined with the specific situation of water pollution risk management in China,this paper aims to improve the existing problems of water pollution risk management tools in China.First of all,in the basic concept of administrative law of water pollution risk management tools in China,the traditional concepts of "instrumentalism,convenience,single subject,power standard" should be replaced by more scientific and reasonable concepts of "standby principle,result orientation,multiple subjects,respect for rights" with the continuous change of waterpollution risk management practice.Second,in the use of water pollution risk management tools,emergency classification,classification,staging theory,risk society theory,administrative process theory,administrative responsibility theory,integrated management theory can provide theoretical support for the operation of water pollution risk management tools.Third,in the principle of water pollution risk management,the principle of administration according to law,the principle of respect and protection of human rights,the principle of proportion,the principle of efficiency and the principle of coordination will be the basic principles that should be followed as a tool of water pollution risk management.Fourth,after the improvement of the three types of water pollution risk management tools,the interaction and integration mechanism should be emphasized from two aspects: on the one hand,the interaction and integration should follow the corresponding principles,including the principle of considering economic development and water pollution risk management,the principle of complementarity,the principle of fairness and efficiency,and the choice of time On the other hand,the specific measures of interaction and integration design include analyzing the scope and operation mechanism of different types of water pollution risk management tools,constructing the institutional basis of water pollution risk management tools,and reshaping the organizational structure of water pollution risk management tools.Fifth,in terms of the supporting systems of the three types of water pollution risk management tools,we should improve the supporting systems of the three types of water pollution risk management tools,mainly including cultivating a good environment for the selection of management tools,enriching and innovating the available water pollution risk management tools,strengthening the optimal combination of water pollution risk management tools,and improving the selection of water pollution risk management tools Quality,pay attention to the localization of water pollution risk management tools.With the continuous development of science and technology,new information tools begin to appear and play an increasingly important role.Water pollution risk management tools to play its role,naturally can not do without the support of information tools.Therefore,it is necessary to give full play to the important role of information governance tools in water pollution risk governance.By improving the system of water pollution risk information disclosure,enhancing the social service function of water pollution information platform,strengthening the communication and interaction of multi-party water pollution risk information,strengthening the construction of water pollution risk monitoring system,improving the water pollution risk hearing system,and improving thewater pollution risk petition system,the information-based governance tools for water pollution risk are constructed.With the thinking of administrative law,we should perfect different types of water pollution risk management tools,strengthen their interactive integration mechanism,and provide strong support with the help of new information tools.Thanks to the continuous rise of civil rights and environmental awareness,China’s water pollution risk management tools will take into account the effectiveness,standardization and legitimacy,and finally achieve the goal of the country under the rule of law Effective control of water pollution risk.