Environmental Legal System Research On The Rivers To Bohai

Recently, the marine economy is gradually becoming one key area of globaleconomic development. As a solution to the society, resources and population andother fundamental issues, marine economy is playing one more important role, and itsimportance has been promoted to the strategic level of our country.Bohai Sea, thebiggest inland sea of our country, is located in Europe and Asia mainland. It hasplenteous ocean resources, and many crafts, such as fishery, salt industry, oilproduction, port tapping and tourism, etc. are all placed in an advantage stance at ourcountry. Currently Bohai Sea Economic Region mainly relying on three backbones(Liaotung Peninsula, Shandong peninsula and Jing Jin Ji) has been basically formed,which definitely could be rated as northern economic development “gold coast” of ourcountry. It has important and special meaning for our country domain gathering andresource supplying.However, human activities such as the excessive tapping andutility on Bohai Sea, result in so many critical environment issues, including waterresource worsens, fish shrimp decrease, red tide repeatedly deliver, etc. and it’s urgenttime to rationally resolve these serious environment problems. Bohai pollution couldbe categorized into two types: land pollution and marine pollution. Before, humanmainly focused on managing marine pollution, but according to related statistics, landpollution accounts for87%of the whole pollution, and551,000tons/years going intosea by river accounts for97%of land pollution.So in order to thoroughly suppressBohai environmental crisis, it’s necessary to manage the whole river valleys based onprevious Bohai management. Bohai Sea’s river valleys cover vast area, and Bohai hasso many river valleys, in which Yellow River, Hai River and Liao River respectivelyrank No.1, No.2and No.3in aspect of area coverage and water amount. But thesethree river valleys also bring serious pollution, of which Yellow River pollution is themost critical.Taking main pollution COD amount as an example, COD amount of above three biggest river valleys respectively account for50%,36%and16%ofwhole Bohai river valleys, so these three river valleys have serious impact on Bohaienvironment. In further addition, because of special physical characteristics and vastarea coverage, the research on Yellow River environment management are morerepresentative for Bohai environmental management. Yellow river brings amount ofnutritive material into Bohai Sea, the mouth of Yellow river with various speciesformation is the import cradle, where inshore fishery and spawning ground couldeasily be formed. But, in recent years, streamflow amount of Yellow River isgradually sharply decreasing, and water pollution also gradually presents specialphysical characteristic and directly impact on ecological environment around mouthof Yellow River and Bohai Sea domain. Obviously, that also blocks the progress ofBohai management. Impact on Bohai management mainly locates in two aspects:water pollution and sea water amount. Although related departments have taken somemeasures to better resolve Yellow River streamflow issue and valley water pollutionproblems, we still could not see contented result. At present, Yellow River relatedlegal systems are unwieldy, but so many laws and rules still could not perfectly takeeffect on Yellow River management. Some issues such as distributed legislation,distinctive laws and rules, are critical, so Yellow River could not be seen as anuniform entity and there’s no effective laws and rules on valley water pollutionproblems. To a certain degree, yellow river valley related design and action plan couldprovide more integrated solution. Extend Bohai environment management to rivervalley management of "Liao river, Hai river and Yellow river", it presents the idea ofsource management and integrated marin/land management. But because these plansand rules are not legally binding, they could not play a positive role on valleymanagement. Currently, Yellow river management system basically takes “regionmanagement” as leading factor. As administrative setup of Yellow River valley,Yellow River Commission is just one institutional unit, with low administrative level,vague law position and little power and functions. It’s also hard for Yellow RiverCommission to take integrated effect on valley water pollution management andprevention. Out of domain benefit, department benefit and valley integrated benefit, the local government and related department in charge of protecting environmentconflict with each other. So they could not improve the management of valley waterpollution and allocation with one integrated view. To radically solves Yellow Rivervalley water pollution and water allocation problems, the rational way is as below:improve related legislation, enforce the responsibility of the environmentadministrators on managing Bohai environment with law and rules, thoroughlystrengthen the idea of managing river valley with law enforcement, define position,power and functions of valley administrative setup and let it really take rational andintegrated effect on managing Bohai environment. Meanwhile, it’s quite necessary tofurther improve law system, build up marine and land ecological compensationsystem with Bohai environment management view, introduce market mechanism onoptimizing relationship between Yellow River valley management and Bohaienvironment management, take economical measures to promote positive activities ofvalley management; improve valley monitoring system, water amount and qualitymonitoring information share system, etc. to finally let law improvement take positiveeffect on Bohai environment management, that could definitely beone“Win-win”situation.