[Keywords:]: watershed management, water resources protection, water rights trading, "Yangtze River Law"
In recent years, the present situation of water resources development and utilization and environmental protection in the Yangtze River basin is worrying, and the unreasonable development and utilization of water resources in the Yangtze River basin has seriously affected the sustainable development of the whole basin and even the whole country. Many experts and scholars in China have suggested making the Yangtze River Law. For example, Mr. Ma Xiangcong from the Institute of Law of the Chinese Academy of Social Sciences once wrote an article calling for "studying and formulating a special Yangtze River law to make comprehensive and systematic legal provisions on the development, utilization and protection of river basins". At the end of 1999, a number of news publications, such as Semimonthly Talk, successively published the news that the National People's Congress was planning to formulate the Yangtze River Law and the Yellow River Law to protect the ecological environment of the Yangtze River and the Yellow River Basin. On August 29th, 2002, the National People's Congress Standing Committee (NPCSC) revised the Water Law, which clarified the management system, position and responsibility of river basin management, and further provided legal and theoretical basis for the formulation of the Yangtze River Law.
Firstly, the necessity of legislation on sustainable utilization of water resources in the Yangtze River basin;
The core of social and economic sustainable development is the sustainable utilization of natural resources. Water resources are not only irreplaceable natural resources for the survival and development of human society, but also the basic elements of ecology and environment. Located in the subtropical zone, the Yangtze River Basin is rich in precipitation, which is one of the regions with abundant water resources in China. Good water resources conditions provide a natural material basis for the development of the Yangtze River basin. For a long time, the Yangtze River Basin has been one of the most developed areas in China in agriculture, industry, commerce, culture, education and science and technology. The sustainable utilization of water resources in the Yangtze River basin can be defined as a way to meet the needs of contemporary people without damaging the ability of future generations to meet their needs. It not only refers to the development, utilization, conservation and management of water resources in the Yangtze River basin as a means of production, but also includes water environmental protection, pollution prevention and water disaster prevention as an environmental value. The sustainable utilization of water resources in the Yangtze River basin is the key to the sustainable economic development in the Yangtze River basin.
(A) the Yangtze River basin water resources are facing a serious crisis:
On the one hand, the water environment in the Yangtze River basin has deteriorated and the per capita water resources have declined. Affected by water pollution, shrinking water area and other unfavorable factors, the carrying capacity of water resources has weakened and the ecological environment has become increasingly fragile. The main manifestations are: serious regional and phased water shortage, shrinking lakes, serious degradation of wetland ecosystem, serious soil erosion, and a large number of pollutants produced by shipping ships and factories and enterprises have worsened the ecological environment in the Yangtze River basin.
Due to the uneven distribution of water resources in the basin, the quality of water supply is threatened by serious pollution, which makes some areas of the Yangtze River basin short of water resources and affects the sustainable development of social economy. The interaction and influence between water resources and ecological environment have become two major constraints for the sustainable development of social economy in the Yangtze River Basin. With the development of social economy and the increase of population, the per capita water resources in the Yangtze River basin, which is rich in water resources, are decreasing. According to the bulletin of 2003, the per capita water resources in the Yangtze River basin have dropped to more than 2 100 cubic meters last year, which is only 1/4 of the world's per capita water resources. According to the investigation of the Yangtze River Water Resources Commission, 59 cities in the Yangtze River Basin are short of water, engineering and water.
On the other hand, there are frequent floods in the middle and lower reaches of the Yangtze River. Because the ground elevation in the middle and lower reaches of the Yangtze River is generally several meters to tens of meters lower than the flood, whenever the flood comes, the situation of flood control and waterlogging disaster is very severe, and floods will occur to varying degrees in case of large floods, which is the most concentrated, serious and frequent area in the Yangtze River basin. There have been five severe floods in this century, namely 193 1, 1935, 1949, 1954 and 1998. People's production and property have suffered huge losses in every flood, and the ecology and environment in the disaster area have suffered serious trauma, which is often difficult to recover in several years. 1 June, 998+10/October1day, the Flood Control Law, though imperfect, provided an important guarantee for flood control in1June, 998, and also showed us the importance of legislation for prevention.
After China's entry into WTO, the ecological environment of the Yangtze River basin will also face some new problems. China's accession to the WTO and the strategy of developing the western region will surely accelerate the opening and development of the Yangtze River basin, especially the middle and upper reaches of the Yangtze River. For example, major national projects such as power transmission from west to east, power transmission from west to east, South-to-North Water Transfer Project and Three Gorges Project are beneficial to the sustainable development of the Yangtze River Basin in the long run and overall, but each major project will bring new and serious resource and environmental problems to the Yangtze River Basin. To solve these problems thoroughly, we must strengthen the management of water resources and realize the sustainable utilization of water resources. In today's rule of law, any management work must have laws to follow. It is an extremely important and effective measure to establish laws and regulations to ensure the rational development, scientific allocation, optimal dispatching and efficient utilization of water resources. With its unique standardization, generality, universality and compulsion, law has played a role that other means and measures do not have, and has become a powerful weapon for the state to protect water resources in the Yangtze River basin.
(two) the legislative experience of foreign water resources basin management and the necessity of reference to China;
The prominent feature of natural water cycle is basin, and its formation, movement and change have obvious basin regularity. This fluidity and basin nature of water resources determine the inevitability of unified management of water resources in river basins. According to the basin characteristics of water resources, developing a unified management model of water resources based on natural basins is being recognized and adopted by more and more countries in the world. The experience of basin legislation in developed countries such as the United States, Britain and Japan is representative and worthy of our study and reference.
In the United States, for example, Tennessee River is the largest tributary of Ohio River in the southeastern United States, about 1450km long, involving seven states in the United States. Before the implementation of the Tennessee Valley Authority Act, river valleys were silted up, land desertification was serious, ecological resources were plundered blindly, and floods often occurred. In order to develop and protect the Tennessee Valley, President Roosevelt of the United States took the management and development of the valley as the key project of his new government during the New Deal of land development, and promulgated the Tennessee Valley Authority Act on 1933 to establish the Valley Authority. Practice shows that establishing a simple, effective, powerful and unique operation mechanism is the key factor to realize the effective protection of water resources in large river basins. This law solves the problems of the management system and operation mechanism of water resources in the basin, and plays a powerful legal guarantee role in organizing and coordinating the economic development and environmental protection in the Tennessee River basin.
The most basic water law system in Japan is river law, and its basic spirit is to emphasize the unified management of river basin water resources. It is stipulated that the national water resources should be managed by one department and coordinated by multiple departments. Second, emphasize the coordination between flood control and water resources utilization. The purpose of legislation is to comprehensively harness rivers by taking river basins as units, to prevent rivers from being affected by floods and high tide disasters, to maintain normal running water functions, and to play its due role in land improvement and development, so as to help maintain public safety and enhance public welfare. Since the promulgation of 1964, it has been revised many times, which has effectively guaranteed the river management in Japan and is worth learning from.
Similarly, there are the Lower Colorado River Management Act of the United States, the tahoe-Segura River Joint Water Use Act of Spain and the watershed management regulations of the United Kingdom. In addition, a large number of provisions on watershed management are scattered in various relevant water laws and regulations, such as the European Water Charter adopted by the European Parliament in 1968, the British Water Law, the French Water Law and the Spanish Water Law.
The above foreign legislative experience on water resources management, development and utilization, especially the unified management of river basin water resources, the national water resources being in charge of by one department, the coordination between flood control and water resources utilization, the river basin water resources management system and its operation mechanism, etc. It is worth learning from the legislation of sustainable utilization of water resources in the Yangtze River basin in China.
(c) The current situation of water resources protection legislation in China and the necessity of legislation on sustainable utilization of water resources in the Yangtze River basin;
There are five water resources protection laws in China: Environmental Protection Law, Water Law, Water Pollution Prevention Law, Soil and Water Conservation Law, and Flood Control Law (supporting regulations such as flood control regulations, detailed rules for the implementation of water pollution prevention law, Huaihe River Basin water pollution prevention regulations, and measures for the implementation of water intake permit system, etc.). ). 200 1 year1October 25, 2000, promulgated as an administrative regulation, stipulated the management and supervision responsibilities of river basin management agencies for sand mining management in the main stream of the Yangtze River. But so far, there is no specific and perfect legal system for water resources protection in the Yangtze River basin, and the state has only carried out the river basin management agencies from their respective aspects in the Flood Control Law and the River Management Regulations. The greatest achievement of the newly revised water law in 2002 is to strengthen the unified management of water resources, establish a management system of "combining watershed management with administrative regional management", and establish the legal status of watershed management institutions, which provides a fundamental legal guarantee for strengthening the unified management of water resources based on river basins.
Taking pollution control in Huaihe River as an example, the State Council promulgated the first regulation on water pollution control in Huaihe River Basin-Provisional Regulation on Water Pollution Control in Huaihe River Basin, which has a higher legal status than local regulations. It broke the compartmentalized management based on the overall interests, and brought watershed management into the legal track, and achieved good results. As far as the Yangtze River basin is concerned, we should learn from the lessons of water pollution legislation in Huaihe River basin after the event and actively carry out legislative defense in advance. At present, in China's water resources protection legislation, some legal provisions are not specific, and market mechanisms are rarely introduced, especially the collection of water conservancy funds. Based on the important position of the Yangtze River in China's economic and social development and the need of sustainable utilization of water resources in the basin, it is suggested that the state should consider enacting the Yangtze River Law as soon as possible to form a perfect legal system for water resources protection in the Yangtze River basin.
Second, the legislative conception of water resources protection in the Yangtze River:
(A) the Yangtze River Basin water resources protection legal system construction:
According to the present situation and requirements of water resources in the Yangtze River basin, the legal system of water resources protection in the Yangtze River basin, that is, the Yangtze River Law System, can be designed as follows: the first level is guided by the Constitution. Article 9 of the Constitution stipulates that "natural resources such as water flow belong to the state, and the state guarantees the rational utilization of natural resources ..." Article 26 stipulates that "the state protects and improves the living environment and ecology. Constitution is the general legislative basis for water resources protection in the Yangtze River basin. The second level is dominated by laws passed by the National People's Congress, namely the Environmental Protection Law and the Water Law. The former focuses on the protection of water environment, while the latter focuses on the protection of water resources. Water environment and water resources are mutually causal and influence each other. In addition, it also includes water and soil conservation law, water pollution prevention law, flood control law and other laws that specifically protect water resources from water quality, water pipes, water and soil, flood control and so on. The third level is the Yangtze River Basin Water Resources Management Law (or the Yangtze River Law), which embodies the basin management, and also includes the comprehensive development and utilization protection of the basin involving forest protection, mineral resources development and utilization protection, and ecological protection of the Yangtze River utilization. This paper only discusses the legislative protection of the sustainable utilization of water resources in the Yangtze River basin, taking the sustainable utilization of water resources as the principle. The legislation of water resources protection in the Yangtze River basin is higher, larger and deeper than that in the Huaihe River basin. It is suggested that the National People's Congress Standing Committee (NPCSC) should enact this law to show its importance. Then the State Council will organize relevant departments to formulate the Detailed Rules for the Implementation of the Yangtze River Basin Water Resources Management Law, and local provincial people's congresses and their standing committees can also formulate local regulations for the management and utilization of water resources in the Yangtze River Basin according to the Detailed Rules for the Implementation of the Yangtze River Basin Water Resources Management Law and the actual situation in the region, thus forming a relatively complete Yangtze River.
As for the structure of the Yangtze River Law, we can learn from the Japanese River Law, which can be divided into eight parts: general rules, river management, river fees, supervision, river Council and prefectural river Council, other detailed rules, penalties and supplementary provisions. Some scholars suggest that it should be divided into six parts: general rules, supervision and management, development, utilization and protection of river basin water resources, prevention and control of river basin water pollution, legal responsibility and supplementary provisions. In our opinion, the Yangtze River Law should also include: setting up a separate chapter, stipulating the powers and responsibilities of river basin institutions, and clarifying the division of labor between river basin institutions and regional water administrative institutions. We will talk about this problem in detail later; The special chapter stipulates the flood control and flood fighting in the Yangtze River basin. Reflect the particularity of implementing flood control law and flood control in the Yangtze River; Like the River Law, China should also make special provisions on Yangtze River fees. In addition, China has not clearly recognized the water resources trading market, and there is a "black water market" in reality. It is suggested that the chapter on the development, utilization and protection of river basin water resources should be standardized in a pilot way, and the water rights trading market should be constructed to achieve the purpose of optimal allocation of water resources.
(2) Suggestions on formulating relevant laws and regulations of the Yangtze River Law:
1, a management system combining watershed management with administrative regional management is implemented, with clear responsibilities.
Before the revision and promulgation of the new water law, China implemented a management system based on administrative regions, but only in the single laws and regulations such as the Flood Control Law and the Regulation on River Management, the legal status of river basin management institutions was clarified from their respective aspects. The new water law defines "the combination of watershed management and administrative regional management", which is a milestone in the development of water resources management system.
The basin organization of the Yangtze River is the Yangtze River Water Conservancy Commission (hereinafter referred to as "the Yangtze River Water Conservancy Commission"), which was established in February 1950 and is an agency of the Ministry of Water Resources. At present, the power of river basin water management has been almost divided by regions, and the position of river basin management institutions has to be found between regions and industries. Therefore, river basin management agencies can only be restricted by future laws and regulations in specific areas (such as important river sections and border river sections) and within specific standards (such as above the water intake permit limit). This institutional arrangement is actually looking for jobs for river basin institutions, but it has not played a substantial role in regulating the development, utilization and management of river basin water resources. Although river basin agencies also undertake the responsibilities of planning management, inter-provincial water dispute mediation and some individual authorization management, their status has not changed substantially and they cannot undertake the functions of comprehensive management of river basin water resources. On the other hand, stakeholders involved in water-related activities can't participate in relevant decision-making, and can't fully reflect the interests of regions, others, industries and users, so the profit-seeking behavior without effective supervision is inevitable. Therefore, river basin decision-making naturally loses the authority of implementation, which also drives the autonomous decision-making of regions and users. National authority divorced from regional interests can never be efficient, so the key to giving the management authority to the CWC is to give consideration to regional interests. A feasible point of view is to position CWC as a regional watershed management organization, not a subordinate organization of the state, and to form a regional interest body on the basis of each region, so as to better integrate regional interests in the decision-making of watershed management organizations and balance the overall interests and regional interests of the basin.
According to the Japanese River Law, the authority to manage the first-class rivers lies with the central government and is the responsibility of the Minister of Construction. On the road section designated by the Minister of Construction ("designated road section"), it can be handed over to the local governor of prefectures and counties according to the provisions of government decrees. The tributary of the first-class river is the second-class river, and its manager is the governor of prefectures and counties in charge of this section. Japanese secondary administrative divisions are divided into prefectures and counties, which are equivalent to provincial administrative districts in China. The second administrative region is divided into three levels: city, town and village, which is equivalent to the three levels of city (county), township and village in China.
The best combination of water management responsibilities between river basins and regions should be that river basin management agencies represent the overall public welfare of river basin water environmental resources, perform the functions and responsibilities of macro-planning, decision-making, distribution, supervision and coordination, aim at maximizing the overall interests of river basins and focus on public welfare. On behalf of regional interests, regional governments perform the functions and responsibilities of regional planning, decision-making, distribution, implementation, treatment, coordination and supervision, aiming at maximizing the benefits of regional water environmental resources, based on maximizing the economic benefits of water environmental resources utilization, and focusing on private interests. The two must be implemented in a synchronous and coordinated manner, so that the right to manage affairs corresponds to the right to control financial resources. Due to the subordinate relationship between administrative regions at all levels in China, the higher-level government can lead to the inequality of water use in different regions through non-economic means such as administrative allocation, and the protection of micro-water rights also needs the help of river basin management institutions. In most countries with high water resources management efficiency, a common feature is that regional water management is undertaken by the region, the responsibilities of resource allocation and water environment protection are undertaken by the departments that reflect the overall interests of the basin, and the business functions are undertaken by enterprises.
Therefore, the Committee's main functions and powers should be: providing guidance and supervision services to regional water conservancy facilities, and formulating water resources protection plans and plans, total control plans, pollution prevention plans, water supply plans, flood control plans, etc. In the Yangtze River basin, it is necessary to carry out regular water quality testing in the basin, have water intake and sewage discharge permits, deal with cross-administrative disputes over water pollution and water use, establish necessary administrative coercive power and administrative punishment power as soon as possible, and collect fees (taxes) according to law. The Yangtze River Water Conservancy Commission in 2 1 century should combine the national conditions of China and learn from some functional systems of Tennessee Valley Management Commission (TVA) in the United States: a strong administrative management system; A solid basic professional system; High-level scientific research and consulting system; Multi-level financial and financial material support system; Perfect project review, construction management and quality supervision system; Disaster prediction, forecasting, monitoring, evaluation and emergency rescue system.
2. Establish and improve the market mechanism of water resources to promote the sustainable utilization of water resources in the Yangtze River basin.
The Yangtze River Law should carry out the policy of paying equal attention to water quantity and water quality management, and developing and saving at the same time, and some innovations can be made to the existing water rights system in the chapter of water resources development and utilization in the Yangtze River Law basin. There are many defects in China's water right system, which can't be described systematically because of the space limitation. It is of great significance to discuss only the establishment of water rights market, especially in the South-to-North Water Transfer Project.
In addition to natural reasons, the shortage of water resources mainly lies in the low level of water resources development and management and the imperfect market mechanism of water resources. Although China's constitution stipulates that the ownership of water resources and the right of non-owners to use and benefit from water resources are similar to usufructuary rights, it does not clearly define this right as usufructuary rights, let alone use and define the legal concept of "water rights". Most scholars believe that according to the general provisions of modern national water law, water right is the right to obtain the use or income of surface water and groundwater according to law. According to this definition, on the one hand, water right is a legal system independent of water resources ownership; On the other hand, water right is the right to use or benefit from water resources enjoyed by non-owners in accordance with the law or contract. We define water right as usufructuary right, which is a kind of property right. It can be traded between market entities, and can also be used as the subject of mortgage, shareholding and lease according to law. In this way, it provides the necessary preconditions for realizing the distribution of water resources by using market price and competition mechanism, and breaks the market imprisonment caused by prohibiting the circulation of water resources in one fell swoop.
The central government of China has allocated excessive water resources under the vertical enterprise management mode through administrative orders. The efficiency of water resources allocation by the state (this super enterprise) has been very low. The direction of water rights system change in China should be the market allocation of water resources, and the state is only responsible for the initial allocation. On June 24th, 2000, 165438+ Zhejiang Dongyang agreed to transfer the annual permanent water use right of Dongyang Hengjin Reservoir to Yiwu at a price of 200 million yuan, and Yiwu was responsible for paying the comprehensive management fee of 0. 1 yuan/cubic meter of actual water supply in that year to Dongyang water supplier, thus forming a win-win situation. The South-to-North Water Transfer Project, which attracts worldwide attention, will determine the corresponding equity for investment according to the water demand of each city, which shows that China has stepped up its efforts in strengthening the economic management of water resources and made a big step towards marketization, but legislation lags behind practice.
As far as the legal and perfect water rights market is concerned, the government only needs to stipulate the corresponding trading rules. As far as China's present situation is concerned, it can only be a "quasi-market" in the transitional period, which is manifested in the following aspects: the water price cannot be completely determined by market competition, only those parts of various water functions that can exert economic benefits can enter the market, and the economic differences between different regions and different users are large, making it difficult to completely compete fairly. Therefore, in the process of constructing the water rights market, we should pay attention to the following points: in order to ensure the normal operation of the water rights market, the Yangtze River Water Resources Commission needs to use laws, regulations and rules to protect the main body of water rights trading, water rights distribution system, trading system and price system, and is responsible for formulating the water rights distribution plan for the whole basin and distributing or transferring water rights to various water supply business units in a certain way; After the allocation of water rights is completed, it is responsible for formulating the rules of water rights trading of all water rights trading entities, improving the investment in public infrastructure in the basin, providing information related to water resources, organizing the transfer and trading of water rights among water supply enterprises, and supervising the implementation of the transactions. With the improvement of the water resources market, the Changshui Committee can further reduce its intervention in water rights trading.
3. Strengthen the prevention and control of water pollution in the Yangtze River basin, especially the prevention and control of water pollution from ships.
In terms of water pollution prevention and control, the current water pollution prevention and control law, environmental protection law, river management regulations, and implementation rules of the water pollution prevention and control law. Detailed provisions of the sewage charge system, water resources fee collection system. "Aquaculture Policy" proposes to establish an ecological compensation mechanism for water environment. The water pollution situation of each basin has its own characteristics and should be treated as a basin. Taking the Yangtze River basin as an example, the Yangtze River is the main artery of water transport across China, and the shipping industry is very developed, but it also pollutes and destroys the waters and surrounding environment of the Yangtze River. According to conservative estimates, the annual output of ship garbage in the Yangtze River is more than 6.5438+0.84 million tons, and every average accident on the Yangtze River is often a serious water pollution accident.
At present, China's "Water Pollution Prevention Law" grants the right to deal with water pollution accidents of ships to the shipping administration department, but the handling by the shipping administration department is limited to the ships themselves. The scope of water pollution, water quality tracking and monitoring, accident notification and other emergency treatment measures have not yet formed an effective mechanism, and the necessary procedures and funding channels have not been established, because the loss caused by the shipwreck to the shipowner is already very serious, and it is impossible for him to bear the treatment costs alone. It is suggested that "Yangtze River Law" should make comprehensive provisions on this kind of river basin pollution and clarify the management authority of the Yangtze River Water Resources Commission. The Yangtze River Water Resources Protection Bureau and the Yangtze River Basin Water Quality Monitoring Network can monitor and take emergency measures. On the other hand, according to international practice, the accident handling fee can be guaranteed by operating the ship and paying the accident insurance premium.
& lt& gt4. Levy the Yangtze River Basin Water Resources Protection and Water Conservancy Fund to solve the problem of sustainable development funds for water resources protection in the basin.
At present, in foreign countries, most water conservancy funds are used for the protection and management of river basin water resources. China has long implemented a planned economy, and the expenses for the protection and management of river basin water resources are uniformly allocated by the state. Solving the problem of water resources protection and management unilaterally by the state can no longer meet the sustainable development of water resources protection in the Yangtze River basin in the future. It is necessary for the Yangtze River Law to follow the example of the Japanese River Law and stipulate the collection of water conservancy fees separately. Because rivers are public property, the ultimate goal of management is to reduce the external diseconomy in the use of public property, so it is very important to establish relevant compensation systems, which is also the most lacking place in China's water laws and regulations.
In this regard, the provisions on water conservancy funds in the Water Conservancy Law of Taiwan Province Province can also be used for reference. The Water Conservancy Law of Taiwan Province Province stipulates the collection of water conservancy funds, including the collection of water conservancy rights fees, river engineering fees and flood control benefit fees. At the same time, the specific collection method of funds is stipulated: "Water right fee is the fee charged to the water right holder every year. The collection of water rights fees starts from agricultural water use 1 m3/min and hydraulic water use 1 m3/sec. During the collection of water rights fees, public water supply, industrial water supply, hydraulic water supply and other water are used once a year, and agricultural water can be used twice a year according to the harvest of production. " 1 The river engineering fee is a fee levied on ships coming and going every quarter or every time. During the collection of river fees, the registered ships that have passed through the whole year shall be collected regularly every year; Non-annual flow shall be collected periodically on a quarterly basis. Flood control benefit fee is a fee charged to flood control beneficiaries in stages. In order to handle and maintain flood control projects, the government may levy flood control benefit fees from the beneficiaries respectively. 2
According to the actual situation in China, the Measures for Collection of Water Conservancy Funds in the Yangtze River Basin should be formulated to collect water conservancy funds from units and individuals who benefit from the use of water resources in the Yangtze River Basin, including water resources use fees, ship tolls, flood control benefits, etc. This method should clearly stipulate the situation, collection scope, quantity, time and use of water conservancy funds. Water conservancy funds should be taken from the people, used by the people, and earmarked for water resources protection in the Yangtze River basin to solve the problem of sustainable development funds for water resources protection in the Yangtze River basin. In principle, the management fee of the Yangtze River basin shall be borne by the state, and the area where the Yangtze River is located shall also be paid according to the situation.
5. Improve the legal responsibility of water resources protection in the Yangtze River basin.
Legal responsibility is the necessary guarantee for the implementation of the law, otherwise it will weaken the enforcement of the law. In view of the acts of failing to perform various legal obligations and infringing on legal rights stipulated in the Yangtze River Law, corresponding punishment measures and compensation measures should be stipulated. Including the legal responsibility of violating the combination of river basin management and administrative regional management, the legal responsibility of violating water rights trading, the legal responsibility of causing water pollution in the Yangtze River basin, and the legal responsibility of violating water resources protection funds in the Yangtze River basin. The forms of legal liability should be: administrative punishment, cessation of infringement, correction within a time limit, revocation of business license, fine and compensation for losses if the circumstances are serious, and criminal responsibility shall be investigated according to law if the circumstances constitute a crime. So as to give full play to the function of law, and at the same time, it is necessary to establish provisions for cross-administrative dispute resolution.
To sum up, promoting the sustainable utilization of water resources in the Yangtze River basin is not only related to the sustainable development of the Yangtze River basin economy, but also related to the overall interests and long-term development of the country. It is necessary to establish and improve the legal system of water resources protection in the Yangtze River basin, formulate and improve the water resources management law (or the Yangtze River Law), establish the legal system of water resources protection in the Yangtze River basin, and promote and guarantee the development, protection and sustainable utilization of water resources in the Yangtze River basin.