SHEN Chang-li. Theoretical Reflection and Codex Approach of Watershed Governance Legislation under the Theory of Human and Nature Isomorphism[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES), 2024, 5(3): 97-108. DOI: 10.14092/j.cnki.cn11-3956/c.2024.03.009
Citation: SHEN Chang-li. Theoretical Reflection and Codex Approach of Watershed Governance Legislation under the Theory of Human and Nature Isomorphism[J]. JOURNAL OF NORTH CHINA ELECTRIC POWER UNIVERSITY(SOCIAL SCIENCES), 2024, 5(3): 97-108. DOI: 10.14092/j.cnki.cn11-3956/c.2024.03.009

Theoretical Reflection and Codex Approach of Watershed Governance Legislation under the Theory of Human and Nature Isomorphism

  • Although China has basically formed a relatively complete legal system of watershed governance, the Water Pollution Prevention and Control Law, the Flood Control Law, the Soil and Water Conservation Law and other watershed governance legislation with the Water Law as the core still continues the 'block' combined governance, water resources, water environment and water ecology partition of the mode of thinking, resulting in the practice of watershed governance obstruction. The root cause of this is that, at the doctrinal level, the current watershed governance legislation combining with 'block' governance, water resources, water environment and water ecology and the logic of partitioning violates the laws of wholeness, systemicity and connectivity of the watershed. Jurisprudence level, watershed governance legislation 'block' combined with governance and water resources, water environment and water ecology division is not in line with the principle of scientific legislation. It is also contrary to the principle of unity of the legal order and norms of duplication. Conflicts will affect the effectiveness of norms and order of precedence. In view of this, China should speed up the compilation of the Ecological and Environmental Code, follow the overall governance, systematic governance and integrated governance ideas, and comprehensively adopt the establishment, reform, abolition and interpretation of diversified techniques to promote watershed governance norms in the Ecological and Environmental Code pollution control and natural ecological protection in the optimisation, integration and coordination of the formation of watershed governance with Chinese characteristics of the legal system. At the same time, when the Code has not yet been introduced or is not yet mature, the legislation should also adopt diversified means to optimise the existing watershed governance norms, so as to provide a basis of rules for the complicated watershed governance issues in the transitional period.
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