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我国页岩气资源丰富,页岩气的开发对保障我国能源安全具有重要意义。鉴于我国页岩气开发及水资源现状,促进页岩气开发和水环境保护可持续发展成为迫切需要解决的问题。针对我国页岩气开发水污染防治法制的不够严格、操作性差、缺乏因地制宜等问题,本文借鉴美国页岩气开发水污染防治法制制度,建议我国通过贯彻权责平衡原则,落实公益诉讼制度的方式提高水污染防治法制严格程度;通过完善水质信息公开相关制度,将水力压裂技术纳入防治法制视野等方式改进防治法制可操作性;依托地方不同类型的页岩气开发示范区,促进防治法制因地制宜。
China is rich in shale gas and the development of shale gas is of great significance to the protection of China’s energy security. In view of the development of shale gas and the status of water resources in our country, promoting shale gas development and sustainable development of water environment protection has become an urgent problem to be solved. In view of the fact that shale gas development in our country is not strict enough in the legal system of water pollution prevention and control, it has poor operability and lack of measures to suit local conditions. This paper draws lessons from the shale gas development legal system of water pollution prevention in our country and suggests that our country implement the commonweal litigation system Improve the legal system of prevention and control of water pollution; improve the operability of prevention and control of the legal system by improving the system of disclosure of water quality information, including hydraulic fracturing technology in the legal field of prevention and control; and relying on different types of shale gas development and demonstration areas in different places to promote prevention and control of legal system according to local conditions .