Abstract:The purpose of legislation is not only the basis of the value selection of a law and the specific system design, but also guides the implementation of the law. According to the practical needs and future choices of the protection of the Yangtze river, The Yangtze River Protection Law should regard water security as one of the important legislative purposes. In this way, the relationship between the instrumental purpose and the value purpose of environmental law can be connected, so as to provide a more clear and feasible value goal for the law, and form a logical integrity and coherence in the legislative structure and contents. As the legislative purpose of The Yangtze River Protection Law, water security contains three value dimensions: the first is the drinking water safety related to the health of the people in the watershed, the second is the water resource safety related to the urban and rural construction and industrial development of the watershed,and the third is the water ecological security guaranteed as the basic natural ecological conditions of the watershed. Taking water security as one of the legislative purposes of the act is not only the requirement of the safety value of the law, but also the meaning of state environmental obligations. To realize the legislative purpose of water security, three different systems should be established in the system design of The Yangtze River Protection Law including the basic and guarantee system, and the prevention and control system, and the rehabilitation and emergency system, so as to form a joint force of systems and comprehensively guarantee the water security of the Yangtze river.
柯 坚 王 敏. 论《长江保护法》立法目的之创设——以水安全价值为切入点[J]. 华中师范大学学报(人文社会科学版), 2019, 58(6): 87-94.
Ke Jian Wang Min. On the Establishment of the Legislative Purpose of The Yangtze River Protection Law——Taking Water Security Value as a Starting Point. journal1, 2019, 58(6): 87-94.