生态环境法典地下水污染防治规范的体系化构建OA

The hidden nature,complexity,and long-term effects of groundwater pollution make the establishment of groundwater pollu-tion prevention and control regulations a critical legislative issue.Based on this and drawing upon legislative practices such as the com-pilation of the Ecological and Environmental Code,this study employs legal methodologies,including normative analysis,to conduct a systematic examination of groundwater pollution prevention and control regulations.The study finds that the Ecological and Environ-mental Code of the People's Republic of China(Third Draft for Review)(hereinafter referred to as"the Code(Third Draft for Review)")strengthens groundwater pollution prevention regulations through dual institutional innovations,building upon the existing Water Pollu-tion Prevention and Control Law of the People's Republic of China,Soil Pollution Prevention and Control Law of the People's Republic of China,and Regulations on the Administration of Groundwater.First,it elevates the groundwater pollution prevention provisions from the chapter on"Water Pollution Prevention Measures"to the"General Provisions"section in the book on water pollution prevention and control in the Code(Third Draft for Review).Second,it elevates the mature groundwater pollution prevention and control system from the Regulations on the Administration of Groundwater to codified norms.Through theoretical examination,this study finds that the groundwater pollution prevention and control regulatory system still has room for further improvement and optimization:① The compre-hensiveness of groundwater pollution prevention and control regulations remains to be enhanced;② Due to the"historical evolution"of legislation,the value orientation of groundwater pollution prevention regulations has not yet achieved full consistency;③ As the Code(Third Draft for Review)continues the decentralized legislative model,there remains a certain degree of inconsistency in the integration of objectives.To address these potential issues,the codified regulations for groundwater pollution prevention and control should be re-fined.Building upon targeted content supplementation of these regulations,risk prevention should be explicitly established as the core value of groundwater pollution prevention and control.This would achieve value coherence within the regulations.Subsequently,a solu-tion for objective coherence should be constructed at two levels:"systematic integration of internal codified regulations"and"collabora-tive construction of external related systems."