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《水保法》规定了水土流失防治方案纳入主体工程建设之中。各地相继出台了《水保法实施条例》。从事可能引起水土流失的生产建设活动的单位和个人不编报水保方案而进入建设、生产,就是违法行为;水土保持执法监督人员是不作为行为。但现实存在执法扭曲行为,主要表现在开发业主有抵触情绪,执法不到位行为。解决对策应采取修订法律文件,增加约束力;加强检查力度,促进落实;加强素质教育,提高执法水准。
The “Soil and Water Conservation Law” stipulates that soil and water loss prevention and control programs should be included in the construction of the main project. All over have promulgated the “Regulations on the Implementation of Soil and Water Conservation Law.” It is illegal for entities and individuals engaged in production and construction activities that may cause soil and water loss to enter the construction and production without formulating the plans for water and soil conservation and that law enforcement and law enforcement personnel for soil and water conservation will not act as such. However, the existence of law enforcement distortion behavior, mainly in the development of owners have resistance, law enforcement is not in place. Countermeasures should be taken to amend the legal documents to increase the binding force; strengthen inspection efforts to promote the implementation; strengthen quality education, improve law enforcement standards.