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水环境保护事权划分是一项复杂的系统工程,是关系到水环境保护绩效的基础性、长效性的体制安排。长期以来,我国水环境保护和污染防治体制与机制不健全,水环境权属理念未完全确立,有关事权没有得到科学、合理、明确的划分,尤其是在涉及跨流域、跨区域的水环境保护和污染防治事务时,相关主体责权关系纠葛,责任承担机制难落实,甚至出现责任主体缺位,导致水污染事件频发,水质改善目标难以实现。从纵向来看,中央与地方、地方不同层级间水环境保护事权交错重叠、含混不清,责任边界不明,基层地方政府承担了与其财力不相匹配的支出和管理责任,同时又缺乏内在的责任落实激励;从横向来看,部门行政管理职责交叉、相互掣肘却又缺乏协调,影响了水资源环境管理总体绩效。完善水环境保护投融资机制的前提是要明确划分利益主体之间的水环境保护事权,总体目标的是要建立起“事权明晰、责权明确、协调有效、监管有力”的事权承担体制机制,本文就此提出了一个框架性的思路。
The division of water environmental protection power is a complicated systematic project, which is a basic and long-term institutional arrangement that is related to the performance of water environment protection. For a long time, China’s water environment protection and pollution control system and mechanism is not perfect, the concept of ownership of water environment is not fully established, the relevant powers have not been scientifically, rationally and clearly divided, especially in the inter-basin and inter-regional water environment protection And pollution prevention and control affairs, the relationship between the parties and the rights and interests disputes, responsibility for the implementation of the mechanism is difficult to fulfill, and even the absence of the main body of responsibility, leading to frequent water pollution incidents, water quality improvement goals difficult to achieve. From a vertical perspective, the power of water environmental protection at different levels between the central and local authorities is staggered, ambiguous, the boundary of responsibility is unclear, and local governments at the grassroots level shoulder the expenses and management responsibilities that do not match their financial resources while lacking the inherent responsibility From the horizontal perspective, the responsibilities of departmental administration overlap, mutual restraint and lack of coordination, affecting the overall performance of water resources and environmental management. Improve the water environment protection investment and financing mechanism on the premise that it is necessary to clearly divide the interests of water environment protection between the parties, the overall goal is to establish a “clear powers and responsibilities, clear, coordinated and effective” Mechanism, this article put forward a framework of ideas.