The Research On The Legal Mechanism Of Cross-Regional Water Environment Supervision

In recent years,water pollution events have occurred frequently in trans-administrative watersheds,thus it is urgently necessary to strengthen research on cross-regional water environment supervision.The Report on the Work of the Government presented on the 19th NPC put forward the "reform of the ecological environment supervision system" for the first time,pushing environmental supervision to a new height.Against the backdrop of the reform of the national ecological environment supervision system,it has become particularly necessary to improve the legal mechanism of cross-regional water environmental supervision.The legal mechanism of cross-regional water environmental supervision refers to the legal system and code of conduct strictly abided by supervision subjects such as trans-administrative governments and water environment protection and management departments.It is a set of legal systems and codes of conduct that supervise and govern the water environment across administrative regions and assume regulatory responsibility by applying diversified supervisory means.At present,China has achieved certain results in the establishment of a cross-regional water environment supervision and legal mechanism.The supervisory organization system has been gradually established;supervisory measures such as administrative control and economic incentives have been improved step by step;accountability mechanisms for supervision subjects and public participation have been gradually strengthened.Although China has achieved certain results in constructing cross-regional water environment supervision and legal mechanism,there are still many problems.First,the existing laws and regulations on water environment supervision still remain to be improved,which is mainly manifested by the lack of specific laws on cross-regional water environmental supervision,insufficient coordination between current laws about cross-regional water environment regulation and the lack of procedural legislation.Second,the cross-regional water environment supervision system is not smooth,which is manifested in the unsatisfactory relationship among supervision subjects,the urgent need for integrating currently available supervisory power and the need to improve the cross-regional coordination mechanism.Third,the cross-regional water environmental supervision means are inefficient,which is mainly manifested by excessive reliance on administrative means,inadequate application of economic means and cross-region water environment infringement is difficult to blame.Fourth,the cross-regional water environmental supervisory accountability mechanism is not perfect.The accountability of government and other supervision subjects remains to be improved,and the accountability mechanism of public participation urgently needs to be strengthened.In view of the problems existing in the legal mechanism of China's cross-regional water environment supervision,based on China's national conditions,the following countermeasures are put forward to improve the legal mechanism of China's cross-regional water environment supervision:Cross-regional water environment supervision legislation should be strengthened,and comprehensive cross-regional water environment management framework laws can be formulated while improve watershed management laws and regulations;the cross-regional water environment supervision system ought to be improve and the cross-border coordination mechanism of water environment supervision should be enhanced;effectiveness of measures to supervise cross-regional water environment should be facilitated,economic means should be actively introduced and cross-regional water environment tort liability should be improved;the accountability mechanism for cross-regional water environment supervision is supposed to be consolidated,government responsibilities in cross-regional water environmental supervision should be strengthened and the public participation mechanism ought to be improved.