Study On The Application Of The Waterway Law In The Protection Of The Yangtze River Waterway

Waterway transportation occupies crucial position in the comprehensive system of transport since its traits meet the requirements of environmental protection policy and strategy of sustainable development,such as it has large transportation quantity,low pollution and low embodied energy.Waterway is the infrastructure construction of water transport.Accordingly,only if constructing,maintaining,protecting the waterway and ensuring navigation condition and navigation safety,waterway will be able to exploit the advantages of water transport to the full and promote the development of water transport.The Yangtze River waterway,referred to as the water course,horizontally runs through the east to the west.Thus,it is the foremost vital component of domestic inland waterway.It is not only on the important mission to develop drainage area economy,but is closely related to the implements of several national strategies as well.In the background of managing state affairs according to law and building legal traffic department,protecting the Yangtze River waterway requires ample provision as well as effective implementation of waterway law.The study objective of the paper is the application of waterway law in the process of protecting the Yangtze River waterway.And the paper focuses on the protection of the Yangtze River waterway.Moreover,the paper studies on the chief backstopping which involves the relevant content of the Waterway Law.Above all,the paper elaborates related issues in the two perspectives which are legislation and enforcement.Thereafter,the paper recognizes the status,defines the gap and seeking countermeasures.Hoping the effects of the Yangtze River waterway protection will be enhanced and the development of the Yangtze River shipping will be promoted.The content of the paper mainly includes the following six parts: The first part expounds the background and significance of the research.Meanwhile,this part selects the research method as well as analyzes the research status.In view of the above,this part clears the research mentality and emphasis.The second part inquiries into the relevant theoretical issues of the waterway protection.This part comparatively analyzes the concepts of the waterway as well as concludes the features of the waterway and the Yangtze River waterway.The paper deems that the waterway protection means the totality of all the management activities in the process of directly ensuring the navigation conditions and assuring the navigation safety.Andwaterway protection has the specific content and its own features.The third part analyzes the existing circumstance of the Yangtze River waterway protection.The paper sorts out the legislation of the Yangtze River waterway protection,especially for the related content in the Waterway Law.This part analyzes the current implementation situation from two aspects which are the subjects and actions of law enforcement on the basis of law enforcement circumstance of the Yangtze River waterway administration.The fourth part induces the existing problems of the Yangtze River waterway protection.There are numerous deficiencies in the legislation,such as the maladjustments between the legislation and the objectivity of waterway,incongruity between the waterway legislation and others legislation involving water as well as inelegance of waterway protection laws and regulations,etc.Besides,there are lots of problems in the process of implementing laws as well,such as the imperfect systems and mechanisms,the insufficient law enforcement officer,the discordant law enforcement cooperation,the shortsighted cognition depth,etc.The fifth part explores the referential experience of the external waterway protection.On the basis of analyzing the waterway protection status of the European Union and the member countries as well as the United States,the paper offers countermeasures to transplant them into China from the following aspects,such as institutional system,appropriate body,ecological conservation,sources of funds and so on.Besides,hoping that these countermeasures are able to reinforce the work of waterway protection as well.The sixth part figures out the countermeasures of the waterway law in the protection of the Yangtze River waterway.Putting forward countermeasures and suggestions to the protection of the Yangtze River waterway law needs as the premise,from the legal system and the improvement of the law of the implementation of the improved two aspects;the perfection of the legal system to on the waterway law as the main line,identify important supporting legislation form and content arrangement;law enforcement countermeasures mainly deepen institutional reform,optimize departmental coordination mechanism,strengthen law enforcement supervision and management,strengthen the construction of law enforcement contingent and so on.