Empirical Research On Local Legislation Of River Sand Mining

As an integral part of river channel,river sand play an important role in maintaining river channel stability and balancing water sand.At the same time,river sand is also a high quality building material,which has great economic value.The best way to protect river sand resources and river ecological environment is to use law to guide and regulate human behavior.Comparing 49 provincial samples of river sand legislation documents,It can be found that the main body of domestic river sand management has the characteristics of multi-department management and lack of leading institutions;On the grant of sand mining license,48% of the provinces retain the direct license,and the acceptance of auction and bidding is only 29%;48% of the provinces have established a sand mining planning system,but only 22.5% of the planning is complete;In terms of legal liability,the penalty standards vary greatly among the provinces,and the penalties imposed are limited to fines.Only 35% of regions have introduced new provisions such as the seizure of sand mining tools;The defects of local river sand legislation and its causes include: The local river sand legislation text has the structural defect and the legislation technique careless,the legislation idea is backward,lacks the ecological compensation system,the criminal responsibility and the administrative responsibility punishment dynamics is insufficient;The conflict of local legislation and the tendency of departmental interests lead to the duplication of legislation and the conflict of provisions;Low legislative efficiency is difficult to meet the actual needs.By drawing lessons from the successful experience of river sand legislation in various parts of the country,the following countermeasures are proposed:First,to establish the concept of sustainable development as the legislative concept of local river sand,and strengthen the cultivation of specialized legislative personnel;Second,perfect the content of the local legislation of river sand,add the ecological compensation system of river sand;Third,improve the local legislation technology,concretely regulate the legal liability provisions of river sand protection,strengthen the applicability of criminal liability,increase the scope of administrative responsibilities,and promote the standardization of river sand local legislation.At last,it is necessary to improve the coordination of local legislation and practical needs of river sand,to establish independent and professional management institutions,to eliminate the windfall of sand mining in river courses,and to solve the problem of remaining sand mining vessels.