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Research On Dispute Settlement Mechanism Of Water Pollution In Multi-Administrative Regions

Posted on:2008-02-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y HanFull Text:PDF
GTID:2166360215453443Subject:Environmental science and resource protection
Abstract/Summary:PDF Full Text Request
The increasingly serious water pollution not only reduced the functions of water, but also further exacerbated the shortage of water. It brought serious impact on the strategy of sustainable development of China, and made serious threat to the safety of drinking water for urban residents and the people's health. At present, multi-administrative water pollution problem is very serious in China and there is urgent need to address multi-administrative realities of water disputes.Regional water dispute is an event that causes by water pollution which occurs in two or more administrative regions at the same time. Its main features are as followings: First, it occurs at some certain areas. Second, its flounce is extensive and long-term. Third, it needs much technical knowledge to deal with.At present, the water pollution management system in our country has many weaknesses: First, there are no institutions or mechanisms to control water pollution above the level of administrative region. Second, the responsibilities and authorities between the existing institutions are not clear. Third, the control of the water pollution is lack of public participation.Since the found of the People's Republic of China, we have formulated a number of laws about the multi-administrative environmental management. The Constitution, laws, administrative regulations, local laws are made to deal with such water disputes.Though there are differences in content about Water Laws in many countries, every country has made articles about the prevention of water pollution and made them an important part of the law. In Japan, water pollution was considered as the most serious pollution problem, and the law was made from three aspects to protect water and control pollutions. The legislation of water pollution control in the U.S. is perfect. Clean Water Act is re-examined every 4 years to make sure it is of use. Successful experiences in water resources management in France is the foundation of the administrations which are set up along the natural watershed. We should sum up experiences and learn from the countries which have succeeded in dealing with water pollution.The Songhua River locates in northeast of China, which is the largest river there, also the third largest in our country. From the view of international law, the Songhua River is a multi-national rivers flowing through the Russian city and finally flows to the sea. This pollution incident has a great impact on domestic legislation related criminal liability and administrative responsibilities. Learning from the incident, there are several things important that we should pay attention to: First, perfect the legal system to prevent water pollution in the Songhua River; Second, establish restrictions on industrial water pollution and the use of water; Third, watershed pollution control departments should intensify law enforcement efforts and improve water management and environmental monitoring. The country generally is not liable for the activities of private individuals or businesses. Every country should take on the responsibility to protect environment on the international arena, and the foundation of the system on how to deal with the dispute between regions will make countries take more attention to the environmental protection. The reform of water environment management system in China should be based on its specific conditions and characteristics of basins. It is necessary to improve the mechanism of the watershed management. Learning from detailed analysis of major water pollution incident in the Songhua River and advanced international system, the author make some suggestions on improving multi-administrative water disputes as followings: First, coordinate the existing legal system for water pollution protection and establish watershed management; Second, perfect the pollution prevention, emergency measures and environmental impact evaluation system; Third, it is necessary to strengthen the functions of government to improve the economic stimulus measures. Fourth, make citizens have rights to access to the environmental information and participate in environment management. In addition, we should also improve environmental supervision mechanism.
Keywords/Search Tags:Multi-Administrative
PDF Full Text Request
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