修改《湖南省湘江流域水污染防治条例》的法律思考
发布时间：2019-01-27 17:52
【摘要】：随着经济建设的快速发展,湘江流域生态环境恶化问题日益突出,已经严重影响了两型社会的建立,亟待强有力的立法予以治理。而目前适用的《湖南省湘江流域水污染防治条例》(以下简称《条例》)出现了明显的滞后性,无法承担这一重任,对《条例》进行修改势在必行。 湘江目前的污染状况、新.《水污染防治法》的重大修订、湖南两型社会的建设为条例的修订提出内在要求,而相关水污染立法的出台、湘江水污染防治的实践、湘江水污染防治立法理论探讨又为条例的修订提供了法律基础、物质条件和理论支持。 现行《条例》目前存在许多问题,这些问题主要有：在立法目的上存在偏差,在管理体制上无法适应流域管理要求,在管理过程中政府问责机制缺失,法律责任条款设置不合理。要做好湘江水污染防治,就必须针对这些问题,在立法上予以完善：应当重构立法目的,建立流域与区域相结合的管理体制,健全政府问责机制,建立问责指标体系,完善法律责任体系,建立环境污染责任险制度,将污染损害救济法律机制与社会机制有机结合。
[Abstract]:With the rapid development of economic construction, the problem of ecological environment deterioration in Xiangjiang River Basin has become increasingly prominent, which has seriously affected the establishment of a two-type society and needs to be dealt with by strong legislation. However, the "regulations of Xiangjiang River Basin of Hunan Province" (hereinafter referred to as "regulations"), which is applicable at present, is obviously lagging behind, so it is imperative to amend the regulations. The current pollution situation of the Xiangjiang River, the major revision of the "Water pollution Prevention and Control Law", the construction of a two-type society in Hunan put forward inherent requirements for the revision of the regulations, and the enactment of relevant water pollution legislation and the practice of preventing and controlling water pollution in the Xiangjiang River, The discussion of Xiangjiang River water pollution prevention legislation theory provides the legal basis, material condition and theoretical support for the amendment of the regulations. At present, there are many problems in the current regulations, such as the deviation in the legislative purpose, the inability of the management system to adapt to the requirements of watershed management, and the lack of government accountability mechanism in the management process. The setting of legal liability clause is unreasonable. In order to prevent and control the water pollution of Xiangjiang River, we must perfect the legislation in view of these problems: we should reconstruct the legislative purpose, establish the management system of combining the watershed with the region, perfect the government accountability mechanism, and establish the accountability index system. Perfect the legal liability system, establish the environmental pollution liability insurance system, and combine the legal mechanism of pollution damage relief with the social mechanism organically.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.66;D927
本文编号：2416534
[Abstract]:With the rapid development of economic construction, the problem of ecological environment deterioration in Xiangjiang River Basin has become increasingly prominent, which has seriously affected the establishment of a two-type society and needs to be dealt with by strong legislation. However, the "regulations of Xiangjiang River Basin of Hunan Province" (hereinafter referred to as "regulations"), which is applicable at present, is obviously lagging behind, so it is imperative to amend the regulations. The current pollution situation of the Xiangjiang River, the major revision of the "Water pollution Prevention and Control Law", the construction of a two-type society in Hunan put forward inherent requirements for the revision of the regulations, and the enactment of relevant water pollution legislation and the practice of preventing and controlling water pollution in the Xiangjiang River, The discussion of Xiangjiang River water pollution prevention legislation theory provides the legal basis, material condition and theoretical support for the amendment of the regulations. At present, there are many problems in the current regulations, such as the deviation in the legislative purpose, the inability of the management system to adapt to the requirements of watershed management, and the lack of government accountability mechanism in the management process. The setting of legal liability clause is unreasonable. In order to prevent and control the water pollution of Xiangjiang River, we must perfect the legislation in view of these problems: we should reconstruct the legislative purpose, establish the management system of combining the watershed with the region, perfect the government accountability mechanism, and establish the accountability index system. Perfect the legal liability system, establish the environmental pollution liability insurance system, and combine the legal mechanism of pollution damage relief with the social mechanism organically.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.66;D927
【引证文献】
相关硕士学位论文 前2条
1 李秀龙;湘江水资源管理法律制度创新[D];中南林业科技大学;2013年
2 胡贞;湘江流域重金属污染防治地方立法研究[D];湖南师范大学;2013年
，本文编号：2416534
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