江西省水行政执法能力建设研究

发布时间：2018-07-21 08:58

【摘要】：水是生命之源,生产之要,生态之基。随着经济社会多元发展,国家法治化进程进一步加快,全面深化水利改革在制度建设、规范管理的不断完善。全面实现依法治水管水,解决水行政执法工作中,有法可依、执法规范化、执法责任追究、执法手段的有效性等问题,显得尤为重要。江西省是长江中下游重要省份,我国最大的淡水通江湖泊——鄱阳湖为主体的鄱阳湖流域位于长江中游末段南岸,全流域几乎囊括江西全境。省内以鄱阳湖和五河水系为主的河湖众多,水资源和河道砂石资源极为丰富。因此河道采砂管理成为江西省水行政管理工作中的焦点问题,也是各级政府公共管理的难点问题,非法采砂风险低与行政执法难以到位、手段不足之间的矛盾日渐突出。目前江西省水行政执法领域存在法律法规依据效力低,执法软弱,执法手段单一,重实体、轻程序、不按程序执法,执法人员素质不高,执法领域交叉等诸多问题,必须加强水行政执法,严格依法治水。近年来,江西省河道采砂管理取得长足进步,法律法规制度建设日益完善,但一些深层次的问题,尤其是非法采砂管理刑事打击力度不足、河道采砂管理体制不顺等深层次问题逐渐暴露,迫切需要进一步研究、完善。本论文旨在以江西省J市河道采砂管理的研究为例,分析江西省目前水行政执法能力建设存在的主要问题,并相应地从水法律法规体系的完善、责任追究、水行政执法协作等方面提出对策与措施,以有效地促进江西省水行政执法能力建设。
[Abstract]:Water is the source of life, the necessity of production and the basis of ecology. With the development of the economy and society, the process of national rule of law is further accelerated, and the reform of water conservancy is deepened in the system construction and the standard management is continuously perfected. The law of water administration according to law can be fully realized and the law enforcement work of water administration can be solved, law enforcement standardization, law enforcement responsibility investigation and law enforcement. The effectiveness of the means is particularly important. Jiangxi is an important province in the middle and lower reaches of the Yangtze River. The largest freshwater Tongjiang Lake in China, the main Poyang Lake basin, is located in the South Bank of the last section of the middle reaches of the Yangtze River, and the whole basin is almost all of Jiangxi. In the province, the provinces of Poyang Lake and the five rivers are the main rivers and lakes, water resources and rivers. The sand stone resources are very rich. Therefore, the management of sand mining in the river has become a focal problem in the water administration of Jiangxi province. It is also a difficult problem of public administration at all levels. The contradiction between the low risk of illegal sand mining and the difficulty of administrative law enforcement is difficult and the contradiction between the means is not enough. At present, there are laws and regulations in the field of water administrative law enforcement in Jiangxi province. According to the low effectiveness, weak enforcement of law enforcement, single law enforcement means, heavy entity, light procedure, no law enforcement, high quality of law enforcement personnel and intersecting the field of law enforcement, water administrative law enforcement must be strengthened and water management is strictly controlled by law. In recent years, the management of sand mining in Jiangxi has made considerable progress, and the construction of laws and regulations is becoming more and more perfect, but some deep levels are in deep depth. In particular, the criminal strike of illegal sand mining management is insufficient, and the deep-seated problems of sand mining management system are gradually exposed. It is urgent to further study and improve. This paper aims to take the study of sand mining management in J city of Jiangxi Province as an example to analyze the main problems in the construction of the administrative law enforcement ability in Jiangxi province. In order to effectively promote the construction of water administrative law enforcement ability in Jiangxi, the countermeasures and measures are put forward from the improvement of the water law and regulation system, the investigation of responsibility and the cooperation of water administration law enforcement.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.66

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