Flood disasters in many places are facing huge challenges due to huge losses
Take precautions to improve flood control laws and regulations
● For the casualties and property damage caused by the upstream flood discharge, the Flood Control Law does not clearly clarify the liability mechanism for the upstream gate management department and the downstream water affairs department, and can only be held responsible for the compensation of the responsible person in accordance with the relevant civil tort law, but it is difficult to pursue the responsibility Heavy
● Regarding the legislation on preventing flooding in cities in my country, there are only principled and guiding provisions in the Flood Control Law, and the rest are mostly policy guidance, administrative regulations, and departmental regulations, and there is no mandatory law to prevent urban flooding.
● Issues such as “softer” liability clauses related to wading laws and regulations, lower cost of violations, and insufficient deterrence have been criticized
□ Reporter Wang Yang
□ reporter Bai Chuxuan
Since this year, heavy rains and floods have occurred frequently in my country, and regional heavy rains and floods are heavier than normal. There are 23 heavy precipitation processes, which is the second since statistics in 2013, and the situation of flood control and flood control is grim.
According to the official Weibo news of the Ministry of Emergency Management, as of 14:00 on July 10, floods caused 33.85 million disasters in Zhejiang, Anhui, Jiangxi, Hubei, Hunan and other 27 provinces (autonomous regions and municipalities), and 141 people died and disappeared.
Some experts told reporters from the Legal Daily that how to protect people's lives and property in the face of raging storms and minimize the threat of disasters to people is the top priority of flood prevention and rescue work. The severe flood conditions and the huge losses that have occurred in many places across the country have made the national and local flood prevention and flood prevention work face a major test. In response to natural disasters, it is necessary to improve flood control laws and regulations. It is necessary to establish an effective early warning mechanism through legislation, but also to fill up the legal shortcomings of urban flood control. In addition, it is also necessary to promote the criminalization of serious violations involving water and increase deterrence.
Early warning flood discharge has not yet entered the law
The rights and responsibilities of upstream and downstream should be clear
Since the beginning of summer this year, rainstorms and flood warnings have been issued in many places across the country, and floods have raged in many places in the south.
A reporter from the Legal Daily saw on the official website of the Ministry of Water Resources that as early as the end of March this year, the Ministry of Water Resources had issued a forecast, "The overall deviation of the meteorological and hydrological year in my country in 2020, with more extreme events and more waterlogging than drought."
At a press conference on the prevention of floods and drought disasters held by the State Council Office on June 11, a spokesperson for the Ministry of Water Resources said that in response to excessive floods, the local water conservancy departments will be instructed to prepare and improve flood prevention plans for rivers and cities by the end of June. , Strengthen the maintenance of monitoring and early warning equipment, and improve the early warning issuance mechanism. The Ministry of Water Resources requires major rivers, important tributaries, and flood control cities above the county level to prepare a flood prevention plan for exceeding standards, which should be completed by June 30.
At this time, more than two months have passed since the end of March, when it was required to prepare for the preparation of an over-standard flood defense plan. During this period, many places across the country suffered from floods.
On April 10, the Pingxi River in Dongkou County, Shaoyang City, Hunan Province was flooded by the upstream landscape sluice, killing 3 people downstream and missing 2 people. The flood discharge notice was only notified in advance by the staff of the Emergency Management Bureau through WeChat to the flood discharge of the power generation enterprise, and the downstream preparation was insufficient, resulting in tragedy.
This incident triggered shocks from the outside world: Why is there such an effective early warning for flood discharge?
A reporter from the Legal Daily found that the above-mentioned incidents are not exceptional, and similar to the downstream casualties and property losses caused by upstream flooding, they have occurred in many places across the country.
On August 1, 2019, a number of warehouses in Xianfeng Road, Daowai District, Harbin City, Heilongjiang Province were flooded due to flooding and precipitation of the Xiquanyan Reservoir in the upstream, which caused a loss of hundreds of millions of yuan according to statistics. The department's merchants indicated that they had not received the notice before the flood discharge.
At 2 o'clock on July 20, 2016, the upper reaches of the Qili River in Daxian Village, High-tech Zone, Xingtai City, Hebei Province, the river surged and the flood overflowed, causing many villagers to be swept away by the flood. According to an official report, the development zone was only notified at 1:40 on July 20, and the development zone immediately entered Daxian Village to organize the transfer of the masses. At that time, water had begun to enter the village.
The original intention of building the reservoir was to realize the redistribution of water in time and space, especially when the flood came, the upstream reservoir was entrusted with the expectation of blocking the peak and reducing the pressure of the downstream flood control. However, when the flood season came, the upstream reservoir, which was under heavy rain pressure, made the cities and villages in the lower reaches of the river always frightened.
The Flood Control Law of the People’s Republic of China stipulates: “In the flood season, the operation of reservoirs, dams and other water engineering facilities must be subject to the dispatching command and supervision of the relevant flood control command institutions. During the flood season, the reservoir shall not arbitrarily store above the water level during the flood season. The use of flood control capacity above the water level in flood seasons must be subject to the dispatching, command and supervision of flood control command agencies. During the flood season, the discharge of the upstream reservoirs of rivers with flood control tasks must be approved by the relevant flood control command agencies And accept their supervision."
Hu Gongqun, an expert in legislative consultation of the Standing Committee of the Beijing Municipal People's Congress, believes that the important lesson from upstream flooding leading to heavy losses downstream is that upstream and downstream simultaneous notifications and early warnings are not timely, resulting in the failure of the downstream prevention response. In addition to the procedures and supervision measures required for flood discharge during the flood season, the Flood Control Law provides details on the pre-warning mechanism before flood discharge, the precise regulations for the evacuation time of downstream people before the reservoir flood discharge, and the non-flood flood discharge operation links. Not included in laws and regulations.
Hu Gongqun said that for the casualties and property damage caused by the upstream flood discharge, especially the non-flood flood damage that is not directly included in the scope of the flood control law, the flood control law does not clearly clarify the responsibility mechanism for the upstream gate opening management department and the downstream water affairs department. It is possible to investigate the liability of the person responsible for compensation in accordance with the relevant civil tort law, but it is difficult to pursue responsibility in practice.
Earlier, the flood control of the Fuwan Hydropower Plant in Lechang City, Guangdong Province, caused the sand mining equipment of Shi and Deng to be washed away. Later, Shi and Deng filed a lawsuit to the court and demanded that the hydropower plant compensate 599,000 yuan in economic losses. The court heard that the Fuwan Hydropower Plant opened the flood gate according to the notice of the "Three Prevention Office" and did not have the obligation to notify the flood warning, so it was not liable for compensation.
A relevant person in charge of a water conservancy department in Jiangxi Province told the "Legal System Daily" reporter that whether the warning information is truly effective and in place will bring a very different fate. my country currently has more than 300,000 kilometers of embankments above grade 5, more than 98,000 reservoirs, more than 100,000 dams and more than 110,000 hydrological stations. How to give full play to the role of various buildings in flood control and water retention, and to ensure the implementation of dispatching instructions and regional cooperation are issues that need to be further regulated.
"Some small and medium-sized reservoirs are already under local jurisdiction. The upstream of the reservoir area lacks a sound water and rain monitoring system, and the flood discharge can only be determined based on whether the actual increase of the water level of the reservoir reaches a critical value. After waiting for the process, the time left for the downstream people to evacuate is very limited, which may be only ten minutes to tens of minutes." The official said.
Inadequate underground pipe network construction
Legislation to prevent urban waterlogging
Every time during the flood season, the "watching the sea" scene will be staged frequently.
In mid-to-late May, heavy rains and heavy rains occurred in many districts of Guangzhou City, Guangdong Province, flooding multiple sections of the city, and affecting several bus lines. The water in the area outside the Guanhu Station of Metro Line 13 seriously caused the station to stop service.
From June 21 to 22, heavy rains and some extremely heavy rains occurred in most areas of Yichang City, Hubei Province, causing severe flooding losses in many places. According to the information of the local flood control and drought relief headquarters office, a total of more than 110,000 people were affected, 2 died, and 3 were missing.
"Legal Daily" reporter noted that many cities across the country have long-standing water problems, which will adversely affect the city's operation and residents' normal production and life. In addition to precipitation and other factors, it is related to the level of urban waterlogging prevention facilities, the level of urban drainage systems and emergency management capabilities.
In order to improve the level of urban drainage system, the concept of "sponge city" was first proposed in April 2012.
On March 25, 2013, the "Notice of the General Office of the State Council on the Construction of Urban Drainage and Waterlogging Prevention Facilities" proposed that "it will take about 10 years to build a relatively complete urban drainage and waterlogging prevention engineering system." Urban waterlogging has been brought under the rule of law, speeding up the issuance of urban drainage and sewage treatment regulations, and regulating the planning, construction, and operation management of urban drainage and waterlogging prevention facilities. Housing and urban-rural construction departments should work with relevant departments to formulate and improve mandatory urban drainage standards and relevant standards for urban development and construction as soon as possible.
On November 11, 2015, the General Office of the State Council issued the "Guiding Opinions on Promoting the Construction of Sponge City", pointing out that "sponge city refers to the strengthening of urban planning and construction management to give full play to the rainwater of buildings, roads and green spaces, water systems and other ecosystems. Absorb, infiltrate and slow release, effectively control rainwater runoff, and realize the urban development mode of natural accumulation, natural infiltration and natural purification."
In 2017, Premier Li Keqiang specified the development direction of sponge cities in the government work report. All cities should pay attention to the construction of sponge cities.
The reporter of “Legal System Daily” has learned that regarding the legislation of preventing flooding in cities in China, there are only principled and guiding provisions in the Flood Control Law, and the rest are mostly policy guidance and administrative regulations and departmental regulations, lacking mandatory prevention of flooding in cities. The law.
As early as the mid-19th century, some western countries began the construction of drainage systems. In the 1970s, some developed countries were the first to enter the stormwater management stage. The drainage systems of many large cities were controlled in different degrees in real time. The construction standards were high and the system was perfect. Some large cities were still built one or two hundred years ago. Drainage system, but the drainage system is still operating smoothly.
In addition, some ecological methods are also used abroad to improve the conditions of the rainwater system, such as the use of permeable bricks to pave the sidewalk, increase the permeable layer, and reduce the hard pavement. Germany does a good job in urban drainage, because the extremely high greening rate reduces rainwater runoff and accelerates drainage. In contrast, more than 60% of my country's cities are impervious or basically impervious.
Rainwater flood storage is also a drainage method adopted by western countries. For example, cities such as Hamburg, Germany have built large-capacity underground storage tanks, which not only ensures smooth drainage during the flood season, but also realizes the rational use of rainwater. In Japan, the government stipulates that for every hectare of land developed in the city, 500 cubic meters of stormwater storage tanks should be attached.
In order to ensure the implementation of waterlogging projects, many foreign countries have already raised the prevention of urban waterlogging to the legal level. The United States has mandatory laws to prevent urban waterlogging, and has detailed regulations on urban waterlogging prevention, governance measures, and accountability measures. Japan's "Sewer Law" has strict regulations on the drainage capacity and various technical indicators of the sewer. Paris, France also specially formulated the "City Flood Control Law".
Among the many proposals made by Zhao Guangyu, member of the National Committee of the Chinese People's Political Consultative Conference, there is a proposal to specifically formulate the "City Flood Control Law".
Zhao Guangyu said that we have always had the wrong concept of "heavy ground, light underground" in urban construction, resulting in natural defects in the drainage system. The biggest problem is that the underground pipeline network is backward, the sewage pipes are not large enough, and the caliber is small. When the water comes in at once, it cannot be discharged. At present, the drainage systems of many cities in China, such as pipe networks, box culverts and other drainage systems, are still built according to the "once a year" standard, and the drainage standards are seriously lagging behind.
Guo Zeqiang, a professor at Zhongnan University of Economics and Law, believes that there are many reasons for the formation of water in urban roads, but they all point to a problem. Urban waterlogging prevention facilities are backward and the underground pipe network system is not perfect. Although my country has a flood control law, it is almost blank in preventing urban waterlogging. Therefore, the state should conduct all-round legislation around urban waterlogging prevention, planning, and government responsibilities.
Liability clause is relatively soft
Penalty deterrent must be strengthened
In recent times, flood conditions in many places across the country have been severe, and the task of flood prevention and relief has been arduous.
In the middle and late May, cities such as Guangzhou and Dongguan in Guangdong Province suffered severe waterlogging due to heavy rainfall, and secondary disasters such as landslides and mudslides occurred in many places, causing a total of 7 deaths in Guangdong Province and a direct economic loss of 910 million yuan.
In early June, a heavy rainstorm occurred in Yangshuo County, Guilin City, Guangxi Province, and a torrential rainstorm of 272 mm occurred locally, resulting in flood disasters in 9 towns and villages in Yangshuo County, with more than 150,000 people affected.
In early July, Zunyi City, Guizhou Province, was hit by rainstorms and rainstorms. According to preliminary statistics from the local civil affairs department, the rainstorm and flood disaster caused more than 139,000 people to be affected to varying degrees, and the direct economic loss caused by the disaster was 58.396 million yuan.
Flood control and flood control are related to the safety of people's lives and property, and the responsibility is heavier than Mount Tai. However, according to Xiao Dongping, a Beijing-based lawyer, the related liability clauses of water-related laws and regulations are "softer", the cost of illegal violations is lower, and the penalties for deterrence are insufficient. The flood control law sets a fine of less than 50,000 yuan for illegal activities of reclamation rivers, which is obviously not commensurate with the damage caused by the illegal activities, and it is difficult to achieve the purpose of "depriving the illegal people of the illegal interests".
Known as the "Kidney of the Yangtze River", Dongting Lake has a huge lake oasis washed out by the river-Xiasai Lake. It was once built by the "huba" Xia Shun'an and turned into a "private lake".
In 2015, due to Xia Shun'an's violation of the flood control law, the Hunan Provincial Department of Water Resources repeatedly asked the local water conservancy department to take measures.
On December 23, 2019, the Hunan Provincial High People's Court sentenced Xia Shun'an and other 11 people to organize, lead, and participate in triad-related crimes in the second instance of the case: the principal offender Xia Shun'an committed eight crimes, which were the crimes of organizing, leading, and participating in triad-type organizations. , Crimes of provocation, extortion, illegal mining, illegal fishing of aquatic products, fraudulent loans, fraud, bribery, multiple crimes, sentenced to 25 years in prison, deprivation of political rights for five years, and confiscation All personal property.
"Legal Daily" reporter found that among the eight criminal charges Xia Shun'an involved, none of them had anything to do with the violation of the flood control law.
Guo Yong, a Shenzhen lawyer who has dealt with water-related cases many times, told reporters from the Legal Daily that the flood control law stipulates that anyone who violates this law constitutes a crime shall be investigated for criminal responsibility according to law, but there is no specific charge in judicial practice. "According to the statistics of water law enforcement in the past 10 years, the water law enforcement agencies at all levels in China have investigated and dealt with more than 50,000 water violations annually, including the proportion of serious water violations that can enter the criminal field and are subject to criminal sanctions. Very few, maybe less than 1‰."
Zhang Yunshu, a professor at Anhui University of Finance and Economics, believes that compared with the process of governance by law in other fields, the process of water management by law in my country is relatively slow. The flood control law came into effect on January 1, 1998, but the principle is too strong and the operability is weak. Although it has been revised three times, there are still many provisions with obvious deficiencies. For example, the Flood Control Law stipulates that “Industry and mining engineering facilities not related to flood control shall not be built in the planned reserve area, but there is no corresponding penalty clause in legal liability.
Zhang Yunshu said that in addition to the investigation and punishment of water-related cases, the Flood Control Law only stipulates several kinds of administrative coercive means such as forced dismantling, fines or late fees, removing obstacles and restoring the original state. For water law enforcement, it is urgent to seal off places, facilities or property, There are no provisions on administrative compulsory measures such as auctioning or legally addressing seizures, seizures, facilities or property.