河道砂石属性与权属安排研究

在我国,河道砂石目前已是稀缺资源,但由于河道砂石权属安排研究及相应规范性文件的缺失,导致河道采砂管理秩序混乱,河势稳定和堤防等的安全受到严重威胁。论文探讨了河道砂石的双重属性、河道采砂的系统性,以及在不同属性下河道砂石利用管理的差异;剖析了目前一般河道砂石权属安排的现状及存在的问题,并总结了国务院颁布的《长江河道采砂管理条例》的实施效果。在此基础上,进一步分析了河道采砂权属安排的客观要求和基本原则,提出了河道砂石权属安排的制度框架,包括:河道砂石处分权应归河道管理机关,河道采砂管理实行地方政府行政首长负责制;河道砂石收益权原则上属沿河县市级人民政府共有,收益分配方案以河道管理机关为主负责确定。

Research on River Sand Attributes and Rights Arrangement

In China, river sand is gradually becoming the scarce resource. However, due to lack of relevant normative documents and rights arrangement research concerning sand-excavating management, the disorder of sand excavation management is becoming more and more serious. Apart from this, the stability of river and dike safety is also seriously threatened. This paper is aimed at discussing the river sand’s double attributes, the system of river sand-excavating as well as the differences in the process of managing the river sand under the two attributes. It analyzes the current situation and the existing problems concerning the river sand rights arrangement and summarizes the implementation effect of "Yangtze River channel sand excavation management regulation" promulgated by the State Council. On this basis, the paper further analyzes objective requirement and basic principles of river sand excavation rights arrangement and puts forward the institutional framework of it, which includes, the right of disposition of the river sand excavation must be given to the corresponding river management authorities; the river sand excavation management should implement the Chief Executive Responsibility System; the profit right of the river sand excavation in principle should be owned jointly by the county and municipal governments along the river; and the income distribution plan should be attributed primarily to the corresponding river management authorities.