680
G. Qiao
generalized, thus difficult to produce synergy. The Yangtze River Economic Belt is
a complete system consisting of cities, villages, mountains, tributaries, forests, farm
fields and lakes along the River. Only with a uniform system of law can we meet the
actual needs of green development of the region.
2. The dilemma facing the administrative regulation system
China adopts a dual management system for water resources based on river basin
management and administrative jurisdiction management. In the case of the Yangtze
River Economic Belt, the Yangtze River Water Conservancy Commission is the
administration for the whole river basin, and in in-basin provinces and cities, the
protection and utilization of water resources are the responsibility of local water
resources departments and ecology and environment departments. But in fact, there
lacks division of responsibilities at the basin level and the local level, and even at the
local level, water management responsibilities are not clearly divided between the
provincial, municipal, and county levels. What’s more, the situation varies in different
administrative regions, and the water affairs involve multiple functional departments.
As a result, problems such as multi-channel management, overlapping functions and
absence of supervision occur in practice, and even the co-existence of excessive regulation by multiple departments and the absence of supervision. According to statistics,
the power to manage the Yangtze River Basin is divided between 15 ministries or
commissions with 76 functions at the national level, and between 19 provincial-level
governments with more than 100 functions at the local level. The separation of interests and the institutional barriers for administration and regulation have resulted into
the lack of overall consideration for the ecological environment of the river basin,
which seriously hinders the green development of the Yangtze River Economic Belt.
3. The dilemma facing the judicial cooperation mechanism
The judicial system is the last line of defense for social fairness and justice. The use
of judicial means to protect the environment and natural resources, promote green
development along the Yangtze River Economic Belt, and contribute to ecological
progress is the right way for the judicial system to serve national development. We
should base on judicial functions support the green development of the Yangtze
River Economic Belt by giving priority to ecological conservation. Considering the
flowing waters of the Yangtze River and the spillover effect of environmental problems, the Yangtze River Economic Belt is most prone to cross-regional environmental
disputes, which cannot be resolved by a single judicial agency. That’s why judicial
collaboration is called forth. In the narrow sense, judicial cooperation refers to the
cooperation between courts in different areas to perform certain functions, including
the service of documents, investigation and execution. As judicial activities diversify, the concept of judicial cooperation is expanding. It is no longer limited to the
courts, but extended to judicial agencies including public security organs, procuratorates and courts, as well as administrative law enforcement agencies in cooperation
with judicial agencies. And their cooperation has also expanded from investigation,
G. Qiao
generalized, thus difficult to produce synergy. The Yangtze River Economic Belt is
a complete system consisting of cities, villages, mountains, tributaries, forests, farm
fields and lakes along the River. Only with a uniform system of law can we meet the
actual needs of green development of the region.
2. The dilemma facing the administrative regulation system
China adopts a dual management system for water resources based on river basin
management and administrative jurisdiction management. In the case of the Yangtze
River Economic Belt, the Yangtze River Water Conservancy Commission is the
administration for the whole river basin, and in in-basin provinces and cities, the
protection and utilization of water resources are the responsibility of local water
resources departments and ecology and environment departments. But in fact, there
lacks division of responsibilities at the basin level and the local level, and even at the
local level, water management responsibilities are not clearly divided between the
provincial, municipal, and county levels. What’s more, the situation varies in different
administrative regions, and the water affairs involve multiple functional departments.
As a result, problems such as multi-channel management, overlapping functions and
absence of supervision occur in practice, and even the co-existence of excessive regulation by multiple departments and the absence of supervision. According to statistics,
the power to manage the Yangtze River Basin is divided between 15 ministries or
commissions with 76 functions at the national level, and between 19 provincial-level
governments with more than 100 functions at the local level. The separation of interests and the institutional barriers for administration and regulation have resulted into
the lack of overall consideration for the ecological environment of the river basin,
which seriously hinders the green development of the Yangtze River Economic Belt.
3. The dilemma facing the judicial cooperation mechanism
The judicial system is the last line of defense for social fairness and justice. The use
of judicial means to protect the environment and natural resources, promote green
development along the Yangtze River Economic Belt, and contribute to ecological
progress is the right way for the judicial system to serve national development. We
should base on judicial functions support the green development of the Yangtze
River Economic Belt by giving priority to ecological conservation. Considering the
flowing waters of the Yangtze River and the spillover effect of environmental problems, the Yangtze River Economic Belt is most prone to cross-regional environmental
disputes, which cannot be resolved by a single judicial agency. That’s why judicial
collaboration is called forth. In the narrow sense, judicial cooperation refers to the
cooperation between courts in different areas to perform certain functions, including
the service of documents, investigation and execution. As judicial activities diversify, the concept of judicial cooperation is expanding. It is no longer limited to the
courts, but extended to judicial agencies including public security organs, procuratorates and courts, as well as administrative law enforcement agencies in cooperation
with judicial agencies. And their cooperation has also expanded from investigation,