Research On The Legal System Of Prevention And Control Of Inter-administrative Water Pollution In China

With the sustained and rapid development of China’s economy, the centralgovernment always focuses on the growth of GDP instead of comprehensive assessment,when they inspect the performance of the local governments. This assessmentmeasurement leads lots of local governments and managements to develop the economyat the expense of environment and resources. So in recent years, water pollution innational key rivers’ basins is becoming more and more serious. Especially, theinter-administrative water pollution controlling becomes the governments’ difficultiesand barriers.In our country, there are so many rivers’ basins across two or more administrations.Different administrations along the same river’s basin have different interests.Downstream areas develop the economy and production on the condition of adequateclean water, while upstream areas may make full use of water resources and emitpollutants to the river by their geographic advantage. This is the prime cause that causesthe dispute between the upstream and downstream.Although, legal system of Inter-administrative water pollution in China is beingimproved insistently and the relevant legal regulations and local laws are beingpromulgated, there are still many deficiencies on the management and execution in reallife. These years, the media constantly exposed the news about that due to the upstreamarea’s wantonly pollution, the downstream area’s people’s living and workingenvironments are seriously threatened. Many events were hyped up by the media, butsoon disappeared from the scene. The pollution in the upstream area continues to exist,while the people in the downstream area still in the disaster. These all reflect that thelegislation, enforcing the law and keeping the law in the related legal system should be actively strengthened and perfected in our country.This paper focuses on the legal system of inter-administrative water pollution. It isdivided into four parts. The first part is about the laws and rules of preventing andcontrolling China’s inter-administrative water pollution currently. It starts from thedefinition of the concepts, analyzes the current situation of inter-administrative waterpollution, emphasizes the importance and necessity of preventing and controllinginter-administrative water pollution. It lists a series of laws and rules about preventionand control of inter-administrative water pollution since the founding of new China. Thesecond part is founding out the problems existing in the current legal system. It startsfrom the implementing status of preventing, controlling and relievinginter-administrative water pollution, and finds out many faults need to improve. Thefaults is including non-perfect policy, non-perfect laws and regulations system,non-comprehensive management system, lack of scientific performance evaluationmechanism, unable to break local protectionism, non-effective mechanism for publicsupervision on the law enforcement, and so on. The third part provides the ideas andsuggestions to perfect the legal system. On the one hand, the government must makeand perfect the policy of prevention and control of inter-administrative water pollution;on the other hand, we must enhance control of water pollution legislation. We need toclarify the relationship between the laws and unify technical terms, clear theadministration duties, especially improve adjective law and pollution damage evaluationsystem. We must treat and punish the administrative institutions abstaining from acts,actively promote the public welfare lawsuit, termly report the water quality informationbulletin, improve the sewage charging system, establish the special court ofenvironmental protection, and so on. In addition, we also need to build effective systemof prevention and control water pollution, assist the management of prevention andcontrol of water pollution by economic means, and strengthen local officialsenvironmental assessment, pay attention to the risk and early warning emergencysystem of environmental pollution, introduces the pollution damage insurance systemand so on. The forth part is conclusion. We had better to establish a comprehensive andhealthy idea about the prevention and management of inter-administrative water pollution, build fair and judicial decision and support system. The differentadministrative government should transposition consider the interest, actively cooperatewith the judicial and administrative means, let the public actively involved, and promotethe process of prevention and control of inter-administrative water pollution together.