Research On Legal Issues In The Construction Of Sponge City

Sponge city construction is an important measure to implement ecological civilization construction,and it is also an effective means to achieve the multiple objectives of restoring urban water ecology,improving urban water environment,and urban water safety.At present,domestic theoretical research and legal practice are still in the exploratory stage.Many local people 's congresses or governments have promulgated government regulations on the construction of sponge cities,such as Taiyuan,Wuhan,Xiamen,Chizhou,etc.The promulgation of these laws and regulations promotes the construction of sponge cities on the one hand,and on the other hand,there are some controversial issues in the process of legalization of the construction of sponge cities that need to be resolved.This article mainly analyzes the legal issues in the construction of sponge cities by studying the relevant legislative documents of the construction of sponge cities in various provinces and cities and the actual four problems in the practice of sponge city construction,and deepens and expands the theoretical research on the construction of sponge cities.Future special legislation will provide some operability advice.First,in order to achieve the effectiveness of the construction of a sponge city,it is necessary to correctly define the role of the government.In the legislation,it is clear whether the government leads or the government guides.Clarify what responsibilities the government should bear in the construction of sponge cities,rely on the strong role of the government to effectively solve outstanding problems such as urban waterlogging,black and smelly water bodies,and quickly change the adverse situation of the environment.Second,legislating to clarify departmental responsibilities is conducive to improving administrative efficiency,clarifying the responsibilities of government departments,and better promoting the construction of sponge cities.The construction of the sponge city is a systematic and complicated grand project,which requires the joint participation,coordination and cooperation of many departments and the understanding and cooperation of all members of the society.The clarification of door responsibilities can effectively avoid the phenomenon of responsibility evasion and law enforcement gaps,and also promote the implementation of supervision.Third,the completion acceptance system for the construction of sponge projects is of great significance to the construction of sponge cities to ensure the quality of sponge engineering facilities.The current legislation does not clarify the legal nature of the completion and acceptance of the sponge project.This article discusses the different definitions of the legislation in the legislation,distinguishes between the completion acceptance conditions,the completion acceptance content,and the special acceptance of several sets of concepts to discuss.The acceptance should belong to a special acceptance,that is,an administrative license,and the government department directly supervises its sponge project,which is more conducive to the construction of the sponge city.Fourth,the construction of the sponge city under the PPP model is still in the exploratory stage,in which the allocation of rights and obligations is relatively complex and the institutional guarantees are not yet mature.The PPP project contract is signed by both the public and private sectors represented by the government.Since the nature of the PPP contract is both a civil contract and an administrative contract,the positioning of the government 's role has a very important impact on the contract of the PPP project.Discusses the legal analysis of the role of the government in the PPP mode of sponge city construction,the rights and obligations in the project contract,and clarifies the legal relationship of the PPP mode,which is of great significance to the construction of the PPP mode environmental protection legal system in China.