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明确的法律概念是法律贯彻实施的基础,为梳理我国现行水法体系,需要从概念层面加以分析。通过分析我国水法中的核心概念,同时比照欧盟及德国水法中的概念,指出我国水法中水相关概念系统性不足,在《水法》和《水污染防治法》中各自侧重使用“水资源”(水量)与“水环境”(水质)。水法规范上概念的不统一,在实践中导致对同一事物的分割管理。不符合现代环境保护综合统一管理理念的水相关概念体系,导致《水法》实施不力,水体保护面临严重困境。欧盟和德国水法有着完善和科学的概念体系,强调水的系统与整体性可为我国水法借鉴。针对我国水法概念不统一、操作性不强、法规不成体系,可用“水体”和“水体使用”为水法的核心概念,以整合现行分散的水法立法体系。
The clear concept of law is the basis for the implementation of law. To sort out the current system of water law in our country, we need to analyze it from the conceptual level. By analyzing the core concepts in China’s water law and pointing out the concept of water-related concepts in the EU and Germany, we point out that the concepts related to water in China’s water law are systematically inadequate. In the “Water Law” and “Water Pollution Prevention and Control Law” “Water” (water) and “water environment” (water). The inconsistent notion of concepts in the code of law has led to the division of management of the same thing in practice. The concept of water-related concepts that do not conform to the concept of integrated and unified management of modern environmental protection has led to the implementation of “Water Law” ineffective and the protection of water bodies in serious difficulties. The EU and Germany have a sound and scientific concept of water system, emphasizing the water system and the integrity of China’s water law for reference. In view of the fact that the concept of water law in our country is not uniform, the operability is not strong and the laws and regulations are not a system, we can use the core concepts of water law and water body to integrate the current scattered water law system.