Study On Legal Problems Of River Chief System

The problem of water resource management and protection in China is complex and severe.The cyanobacteria event in Taihu Lake has become a catalyst for the production of river system.After the success of river chief system in Jiangsu Province,all parts of the country have followed suit and implemented River chief system in the region.In 2016,the Party issued the opinions on the system,which officially began to be implemented nationwide.In 2017,the system was formally incorporated into the law of the people’s Republic of China on the prevention and control of water pollution in the form of legislation,so far,the legitimacy of the system has been greatly enhanced,and it is no longer implemented as a policy.In 2018,the Ministry of water resources issued the implementation opinions on promoting the river chief system from "famous" to "practical",and implemented a series of special actions,aiming to make the comprehensive implementation of the system match the real with the real.It can be seen from the current situation of the implementation of the system nationwide and the practice and data of the system in Huaihe River basin that the comprehensive implementation of the system has produced a positive effect on the prevention and protection of water resources in China in a certain period of time.As a new system,the practice of river chief system is greater than the theory,although in recent years,with its incorporation into the legislation,the discussion of river chief system in the theoretical circle is increasing.However,the current system still serves the needs of specific water control practice and lacks corresponding theoretical guidance.The theoretical dilemma of the system has led to its increasingly prominent problems in water control practice.The establishment of the responsibility system of the party and government leaders is to implement the responsibility of the river chief.However,in the practice of the river chief system,the problems such as unclear responsibility content,mismatching of the relationship between power and responsibility,and lack of scientific assessment and accountability become more and more prominent,which deviate from the original intention of the establishment of the responsibility system of the party and government leaders.At present,thehighest organization form of river chief system is the provincial river chief,so the responsibility distribution of river management and protection in the trans provincial river basin has become a big problem.The contradiction between the integrity of the river basin and the division of administrative divisions requires that the water control must be coordinated between the trans regional and trans subject.In this case,the overall coordination and responsibility division of the river chief is particularly important.As a long-term public domain dominated by the government,the degree of public participation is very limited,and public participation is not the main part of river governance and management.On the one hand,insufficient public participation will cause the public not to understand the behavior of the government and the behavior of the river chief;on the other hand,it will cause the public to have no clear positioning in the implementation of the system and in the daily management and protection of the river.In addition,there are some defects in the system of river chief.The current implementation plan of the system in various regions only stipulates the single supervision mode of superior supervision and subordinate supervision.The lack of scientific and reasonable supervision mechanism is not conducive to the long-term development of river chief system.Therefore,in the improvement measures of the river chief system,we should first optimize the responsibility system of the party and government leaders.We should change the main person in charge of the Party committee or the government as the river chief to the main person in charge of the government as the river chief,and the main person in charge of the Party committee is responsible for the supervision,both of which are jointly responsible.This not only further implements the responsibility,but also strengthens the internal supervision of the river chief system.Secondly,we should establish a complete responsibility chain from the horizontal and vertical,which can not only clarify the responsibility content under the responsibility system of the party and government leadership,but also solve the problem of unclear distribution of responsibility in river basin governance.Establish a scientific and reasonable assessment and accountability mechanism to further implement the responsibilitiesof the river chief.To promote the participation of multiple subjects and improve the supervision mechanism,we should not only improve the internal supervision of the river chief system,but also improve the external supervision of the river chief system from the two aspects of public supervision and judicial supervision,so as to promote the transformation of the river chief system from "Comprehensive Establishment" to "comprehensive effectiveness".