规定 》）的制定背景和立法目的？ I. The background and legislative purpose of the " Provisions of the Fujian Provincial River System" (hereinafter referred to as the " Provisions ")?
Article 1 In order to promote and guarantee the implementation of the river long system and promote the construction of ecological civilization, these regulations are formulated in accordance with relevant laws and regulations and in combination with the actual conditions of the province.
：我省河流纵横、水系密布，仅流域面积50平方公里以上的河流就有740条、总长24629公里。 Interpretation : The rivers in our province are densely distributed and the river system is dense. There are only 740 rivers with a basin area of more than 50 square kilometers and a total length of 24629 kilometers. In recent years, with the continuous and rapid development of the economy and society, new problems have emerged in the management and protection of rivers and lakes in our province. For example, the amount of pollutants discharged into rivers and lakes in some areas has remained high, and rivers have been occupied in some places, lakes have been reclamated, and illegal sand mining Phenomenon occurs from time to time, which has become an important factor restricting the sustainable development of our province's economy and society. Our province is the nation's first national experimental zone of ecological civilization, and deepening the implementation of the river system is an inherent requirement for advancing the construction of ecological civilization. Leaders of the Provincial Party Committee and the Provincial Government attached great importance to this, and gave instructions and instructions many times, and held special conferences to study and promote the deployment. The river chiefs, river chief offices, and river administrators at all levels coordinated and worked together to implement the river chief. The system has achieved remarkable results, and the river-length system has gradually become everyone's consensus and conscious action. In February 2017, the General Office of the Provincial Party Committee and the General Office of the Provincial Government issued and issued the "Implementation Plan for the Full Implementation of the River Long System in Fujian Province". The "Plan" clearly requires the study and formulation of river rules and regulations to further improve the connection between administrative law enforcement and criminal justice. Therefore, it is very necessary and urgent to formulate the "Provincial Regulations on the River System in Fujian Province".
《 规定 》主要规范了哪些内容？ 2. What does the " Regulations " mainly regulate?
主要在以下几个方面做了明确规定： （一） 河长制的定义、适用范围、工作内容 、宣传教育、社会参与；（二）河长设立与职责、河长办设立、河道专管员招聘管理、行政执法与刑事司法衔接；（三）河长巡查及问题处置，河长办督查，河长、河长办及成员单位工作协调，社会监督、信息共享；（四）河长述职、考核及结果应用、违规行为处罚。 There are 5 chapters and 24 articles in the “Provisions”, which mainly make clear stipulations in the following aspects: (1) the definition, application scope, work content , publicity and education, and social participation of the river chief system ; (2) the establishment and duties of the river chief, The establishment of the river chief office, the recruitment and management of river administrators, the connection between administrative law enforcement and criminal justice; (3) the river chief inspection and problem resolution, the river chief's supervision, the river chief, river chief office, and member units' coordination of work, social supervision, Information sharing; (4) He Chang's job description, assessment and application of results, and penalties for violations.
规定 》 的 适用范围是什么？ 3. What is the scope of application of the Regulations ?
Article 2 These regulations apply to the work of inland river length system in the administrative region of the province.
The river length system referred to in these regulations refers to the establishment of river heads in the corresponding waters, which is responsible for organizing and leading the management and protection of the corresponding waters, establishing and improving a responsibility system centered on the party and government leadership responsibility system, and establishing clear and coordinated responsibilities. Order, strict supervision, and strong protection mechanisms.
The waters referred to in these regulations include water bodies such as rivers and reservoirs.
Article 23 The work of the lake length system in this province shall be implemented with reference to these regulations.
2016年12月11日，中办、国办印发的《关于全面推行河长制的意见》明确要求，在全国江河湖泊全面推行河长制，构建责任明确、协调有序、监管严格、保护有力的河湖管理保护机制，为维护河湖健康生命、实现河湖功能永续利用提供制度保障。 Interpretation: On December 11, 2016, the "Opinions on the Full Implementation of the River Length System" issued by the China Affairs Office and the State Office clearly required that the river length system be implemented in all rivers and lakes across the country, with clear responsibilities, orderly coordination, strict supervision, Protect the powerful river and lake management and protection mechanism, and provide institutional guarantee for maintaining the healthy life of rivers and lakes and achieving the sustainable use of rivers and lakes functions. The first meeting of the 19th Central Committee for Deep Reorganization held in 2017 reviewed and adopted the Guiding Opinions on the Implementation of the Lake Length System in Lakes, and called for the implementation of the lake length system in lakes based on the full implementation of the river length system. Taking into account the actual situation of the lake-length system in our province, this legislation stipulates that the lake-length system should be implemented in accordance with the rules of the river-length system to realize the organic connection and seamless integration of the lake-length system and the river-length system.
What are the tasks of the Hechang system?
Article 3 The province has comprehensively implemented the river length system, and its main tasks include strengthening protection of water resources, management and protection of waterfronts, prevention and control of water pollution, water environment governance, water ecological restoration, law enforcement supervision, and so on.
为落实绿色发展理念，推进国家生态文明试验区建设，着力解决群众反映强烈、威胁生态安全的突出问题，进一步提升我省河流保护管理水平，确定了全面推行河长制的主要任务是加强水资源保护、加强河湖水域岸线管理保护、加强水污染防治、加强水环境治理、加强水生态修复、加强执法监管，并明确了阶段性目标。 Interpretation: In order to implement the concept of green development, promote the construction of the national ecological civilization experimental area, focus on solving the prominent problems of strong public reflection and threatening ecological security, further improve the level of river protection and management in our province, and determine that the main task of comprehensively implementing the river length system is to strengthen Protection of water resources, strengthening of shoreline management and protection of rivers and lakes, strengthening of water pollution prevention and control, strengthening of water environment governance, strengthening of water ecological restoration, strengthening of law enforcement and supervision, and clarification of phased goals.
5. What is the river-length system and working mechanism?
Article 7 In accordance with administrative regions and river basins, the province establishes a four-level river-length system in the provinces, districts, cities, counties (cities, districts), and towns (towns, streets).
Article 8 Provincial river heads are responsible for organizing and leading the provincial river head system and the management and protection of corresponding waters, coordinating and solving major problems, and urging relevant departments and lower river heads to perform their duties.
District-level city and county-level river heads are responsible for organizing and leading river head work and management and protection of corresponding waters in their respective administrative areas, coordinating and solving outstanding problems, and urging relevant departments and lower river heads to perform their duties.
The town-level river chief is responsible for coordinating, supervising, and implementing the governance, management, and protection of the waters under its jurisdiction.
Article 12 River heads at all levels shall organize regional river head meetings and river head river meetings as needed, study and decide on major actions in the area or water river head system, and coordinate and resolve key and difficult issues in water area management and protection.
Article 13 River heads at all levels shall conduct inspections of corresponding waters in accordance with the following provisions:
(1) Provincial river chiefs inspect the waters in accordance with relevant state regulations;
(2) City-level river chiefs with districts inspect no less than once a quarter;
(3) The county-level river chief inspects no less than once a month;
(4) Township river chiefs inspect at least once a week.
Frequent inspections shall be carried out on waters with substandard water quality and many problems.
Article 14 When patrolling rivers at all levels, river inspectors shall inspect the water quality, water environment, river-related projects, management and protection of the waters under their jurisdiction according to requirements, truthfully record the inspections, and establish inspection logs. The inspection log shall indicate the time, place, main content, problems found and treatment of the inspection.
Article 15 The town-level river chief shall coordinate and supervise the handling of the problems or illegal acts discovered during the inspection; if the coordination or supervision of the invalidation is invalid, he shall report to the county-level river chief or county-level river chief office in the water area.
The river chiefs at or above the county level shall deal with the problems discovered during the inspection and other water management and protection issues in accordance with the following provisions:
(1) if it belongs to the responsibility of the river chief at the corresponding level, coordinate and supervise the relevant departments of the people's government at the corresponding level to handle it according to the division of responsibilities;
(2) if it belongs to the lower river chief, he shall urge the lower river chief to deal with it;
(3) If it is the responsibility of the superior river chief, the superior river chief is requested to coordinate and handle it.
Article 16 The names and supervision telephones of river leaders at all levels shall be announced to the public through major media such as newspapers, government websites, and public notice boards of river leaders, and accept social supervision.
The public notice board of the river chief shall be set up at a prominent position on the shore of the water area, indicating the general situation of the water area, the name, title and duties of the river chief, the objectives of management and protection, and the telephone number for supervision.
If relevant information of river chiefs at various levels changes, they shall be updated in a timely manner.
Article 20 The river chiefs at all levels shall conduct annual job reporting to their superior river chiefs.
Provinces, districts, cities and counties (cities, districts) shall establish a river long system work evaluation system, and formulate annual river long evaluation and evaluation and reward and punishment measures. The assessment content includes aspects such as the organizational system, river chief performance, water management, and long-term mechanism. The assessment results are included in the government performance evaluation and the audit of the natural resources assets of leading cadres.
Article 21 City-level, county-level, and county-level river chiefs in violation of these regulations shall be notified of criticism if one of the following acts is caused; if serious consequences are caused, punishment shall be given according to the seriousness of the circumstances:
(1) Failure to conduct inspections in accordance with regulations;
(2) Failure to deal with the problems found in the inspection in a timely manner in accordance with regulations;
(3) Failure to implement the rectification measures and requirements of the superior river chief's work deployment or the supervision of the river chief's office;
(4) Other acts that fail to perform their duties according to law.
《规定》以中办、国办《关于全面推行河长制的意见》为指导思想，将我省河长制工作中一些行之有效的制度上升到立法层面，对河长的职责、河长管理体制、河长办的工作机制作出较为详细的规定 。 Interpretation: The "Regulations" take the Central Office and the State Office's "Opinions on the Comprehensive Implementation of the River Chief System" as the guiding ideology, and raise some effective systems in the province's river chief system work to the legislative level. The river governor's management system and the working mechanism of the river governor's office make more detailed regulations . The biggest innovation of the river length system lies in the reconstruction of the river and lake management model. The management and protection of rivers and lakes is a complex systematic project involving upstream and downstream, left and right banks, different administrative regions and industries. In the traditional management mode of rivers and lakes, "environmental protection does not go down to the river, water conservancy does not go ashore", and it is difficult to cure the chronic diseases of the river. The river-length system broke the barriers of each department and each administrative jurisdiction. Through the establishment of a provincial, city, county, and township four-level system of river governors, the river governor assumes overall responsibility for "governance, governance, and security," with remarkable results. 发挥地方党委政府主体作用 ， 严格落实党政领导负责制，实行党政同责，由各级河长负责组织领导相应河湖的管理和保护工作，协调指导督促相关主管部门按照职责分工抓好落实。 The full implementation of the river length system is to give full play to the role of the local party committee and government , strictly implement the party and government leadership responsibility system, and implement party and government responsibility. The river heads at all levels are responsible for organizing and leading the management and protection of the corresponding rivers and lakes, and coordinating, guiding and supervising related Competent authorities should implement the work according to the division of responsibilities. The river leader is the core of the overall implementation of the river leader system. The key to whether the river leader system can be effective depends on whether the river leaders at all levels can effectively take the lead, coordinate and supervise the responsibilities, and keep the responsibility of the river and the responsibility of the river.
6. What are the main responsibilities of the Hechang Office?
Article 9 Provinces, districts, cities, counties (cities, districts), townships (towns, streets) shall establish Hechang Offices (hereinafter referred to as Hechang Office) in accordance with the relevant provisions of the State and the Province.
The River Chief Office is specifically responsible for the daily work of the organization and implementation of the River Chief System and performs the following duties:
(1) Carry out comprehensive coordination, supervision and evaluation;
(2) Carry out policy research and formulate specific management regulations for implementing the river-length system;
(3) Organizing the establishment of a river and lake management and protection information platform;
(4) conducting business training and technical guidance;
(5) Organizing propaganda and education for the river system;
(6) Other duties that should be performed.
Article 17 The river governor's offices at all levels shall establish and improve the system of supervision and inspection of the river governor's work. Supervision and inspection.
Any problems found in the supervision and inspection shall be notified to the supervised and inspected unit in writing; the supervised and inspected unit shall promptly make corrections as required, and report the rectification within the prescribed time limit.
Article 18 The river affairs offices at all levels shall have unimpeded reporting channels, and relevant departments shall promptly accept and investigate and deal with them in accordance with the division of responsibilities. Those who report merit will be rewarded in accordance with relevant regulations.
The nineteenth provincial river governor's office shall establish an integrated river river system information management system, and relevant competent authorities and district-level city, county, and township river governor offices shall establish a river and water information sharing mechanism.
河长办承担河长制组织实施具体工作，开展综合协调、政策研究、督导考核等日常工作，协调组织执法检查、监测发布和相关突出问题的清理整治等工作。 Interpretation: The Hechang Office is responsible for the specific work of organizing and implementing the Hechang system, carrying out daily coordination, comprehensive research, policy research, supervision and assessment, and coordinating the organization of law enforcement inspections, monitoring and issuance, and clearing and rectification of related outstanding issues. Implement the issues identified by the river chief, coordinate and resolve the key and difficult issues in the management and protection of rivers and lakes, regularly report on the management and protection of rivers and lakes, and supervise the implementation of the river system and the performance of river chiefs.
7. How to carry out recruitment and purchase of social services for river administrators?
Article 10 The county and township levels shall, in accordance with the relevant regulations, recruit river specialists based on the actual situation of the number, size and task of the waters under their jurisdiction, be responsible for the daily consultations and reports of the corresponding waters, and cooperate with relevant departments for on-site law enforcement and river related issues. Water dispute resolution and other work.
At the county and township levels, the government can purchase services and entrust professional service agencies with the daily inspections of the corresponding waters, their situation reports, and cleaning.
考虑到我省河流纵横、水系密布，仅仅四级河长体系管理还不够。 Interpretation: Considering the vertical and horizontal rivers and dense water systems in our province, the management of a four-level river length system is not enough. Therefore, the establishment of river management staff to carry out daily inspections and information feedback, to timely identify and assist river heads to solve problems related to rivers and lakes, and to solve the "last mile" problem of river length work is of great significance to further strengthen water management and protection. In addition, imbalanced economic development in various places allows the places with conditions to conduct water area management and protection by purchasing services, which is conducive to improving the socialization, marketization, and professionalization of water area management and protection.
8. How to link administrative law enforcement with criminal justice?
Article 11 All localities shall carry out comprehensive law enforcement in the field of ecological environment in accordance with the relevant provisions of the state and the province, and centrally exercise the power of administrative penalties in areas such as rivers and waters.
Encourage localities to improve the judicial linkage mechanism for ecological and environmental resources, and promote the link between administrative law enforcement of rivers and waters and criminal justice.
近年来我省持续加强生态环境资源保护行政执法与刑事司法工作无缝衔接，各地也积极探索设立河长制检察官联络室、生态环境审判庭、河道警长、生态综合执法局等，加大涉河涉水违法行为的打击力度，取得了良好成效。 Interpretation: In recent years, our province has continued to strengthen the seamless connection between administrative law enforcement and criminal justice in the protection of ecological and environmental resources. Localities have also actively explored the establishment of river long prosecutor liaison rooms, ecological environment courts, river police chiefs, and comprehensive ecological law enforcement bureaus. We have stepped up efforts to crack down on river and water violations and achieved good results. To this end, in order to further enhance the deterrent and enforcement of ecological law enforcement in the river basin, and ensure that the river length system work really takes effect, the above provisions have been made.
What are the highlights of the Regulations?
作为首部专门规范河长制工作的地方政府规章，将河长制从改革实践提升到了法规层面，有利于加大河湖管理保护监管力度。 First, as the first local government regulation that specifically regulates the work of the river length system, the river length system has been upgraded from the practice of reform to the level of laws and regulations, which is conducive to strengthening the management and supervision of rivers and lakes. 将全面推行河长制过程中形成的设立河道专管员、行政执法与刑事司法衔接等好经验、好做法均被写入了法规，上升到了法制层面。 Secondly , the good experience and good practices of establishing river channel administrators, administrative law enforcement and criminal justice connection, etc., which were formed during the full implementation of the river long system, have been written into regulations and raised to the legal level. 有助于推动涉水事务由单打独斗向群策群力、部门督导向共同督导、单一治理向整体治理的转变，破解“九龙治水”难题。 Thirdly, it will help promote the transition of water-related affairs from singles to teamwork, departmental supervision, joint supervision, and single governance to overall governance, and solve the problem of "Kowloon Water Control."