流域協同立法的規範建構與機制保障

Normative Construction and Mechanism Guarantee of River Basin Collaborative Legislation

流域生態環境具有系統性、整體性和流動性；然而傳統以行政區劃為單元的流域管理模式與其整體性保護要求之間存在矛盾；影響了流域治理效能。流域治理應通過區域協同立法為流域治理提供法治保障；推進區域協調發展；實現流域上、中、下游共同富裕。憲法法律為流域協同立法提供了規範依據；回應了過去協同立法實踐面臨的合憲性、合法性質疑。流域協同立法能夠補足傳統協同治理“軟法”規制的短板；構建起以“硬法為主、軟法為輔”的混合規制模式。流域協同立法中“區域”的多樣性、易變性和不確定性；能夠保證協同立法的靈活性和回應性優勢。同時；流域協同立法還應當注重“求同存異”；充分發揮中央和地方立法積極性。通過完善流域協同立法公眾參與制度；建構交叉備案審查、聯合評估、審查批准制度；保障流域協同立法真正落地生根、切實發揮效用；深入推進我國流域治理體系和治理能力現代化建設；把制度優勢更好地轉化為治理效能。

The ecological environment of a river basin is systematic, holistic and fluid, but there is a contradiction between the traditional river basin management mode based on administrative divisions and its holistic protection requirements, which affects the effectiveness of river basin management. River basin management should provide legal guarantee for river basin management through collaborative legislation, promote regional coordinated development, and realize common prosperity in the upper, middle and lower reaches of the river basin. The Constitution and laws provide a normative basis for the collaborative legislation of river basins, and respond to the doubts about constitutionality and legitimacy faced by the past collaborative legislation practice. River basin collaborative legislation can make up for the shortcomings of traditional collaborative governance soft law regulation, and build a mixed regulation model with hard law as the main and soft law as the supplement. The diversity, variability and uncertainty of the region in the collaborative legislation of river basins can ensure the flexibility and responsiveness of the collaborative legislation. At the same time, the collaborative legislation of river basins should also pay attention to seeking common ground while reserving differences and give full play to the initiative of central and local legislation. By improving the public participation system of river basin collaborative legislation, constructing the system of cross-filing review, joint evaluation, review and approval, we can ensure that river basin collaborative legislation really takes root and plays its role effectively, further promote the modernization of China’s river basin governance system and governance capacity, and better transform the advantages of the system into governance effectiveness.