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Institution Changes And Potential Pattern Of Rural Environmental Governance

Posted on:2020-07-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:L Y FengFull Text:PDF
GTID:1361330596993467Subject:Environment and Resources Protection Law
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Rural environmental governance is a important part of rural revitalization strategy.According to the Chinese Communist Party Central Committee and State Council decisions,perfecting rural environmental governance mechanism,solving serious environmental problems,improving farmers living surroundings,developing pollutant emission supervision skills,raising farmers environmental awareness and the level of ecological civilization construction are the goals of rural environmental governance at present.With the advance of industrialization,urbanization and agricultural modernization,rural areas still face serious ecological destruction,environmental pollution and resource depletion.On the opposite,rural environmental protection infrastructures are seriously inadequate.Local governments haven’t yet established a system to cope with all kinds of rural environmental problems.The government does not have enough capacity to supervise and sanction the action which is harmful to environment.In order to solve these problems to some extent,this paper takes the institution changes and path of rural environmental governance as the central content and applies normative document analysis,policy text analysis,data comparative analysis to pointed out that there are dual system supply,dual environmental rights distribution and dual governance mode between urban and rural areas in rural environmental governance.In order to address rural environmental problems effectively,it’s necessary to establish the system of rural environmental governance and improve the property right structure in rural areas under the perspective of urban-rural integration.On this basis,we can carry the benefit community self-governance mode which is supported by government on rural environmental governance.Chapter 1.Introduction.Reflect on the existing problems of rural environmental governance,and inquire about the possible effective governance model to cope with rural environmental problems.From the perspective of urban-rural integration,this paper analyses the establishment of rural environmental governance system and the improvement of property rights structure.On this basis,the paper put forward a purpose and significance of an alternative scheme of multi-governance on rural environment.This paper uses the analytical framework of law,ecology,culture,history and sociology to describe the path by means of empirical analysis,comparative analysis,inductive analysis and chart analysis.Chapter 2.Rural environmental governance: definition,path and goal.Rural environmental governance is a collective action to protect ecology and environment.Both public institutions and individuals have a duty to prevent rural ecological degradation and environmental pollution in their own way.“Clean water and green mountains are the source of wealth.” Rural environmental governance needs to achieve a dynamic balance between environmental interests and economic interests.And this should be based on sufficient political foundation,economic foundation,organizational foundation and cultural reserve.Through comprehensive analysis,the political foundation for rural environmental governance has been established,while the economic foundation,organizational foundation and cultural accumulation are excavating and cultivating.Chapter 3.Institutional causes of rural environmental problems.The article points out that there are differences between urban and rural areas in legislation of environmental protection,allocation of environmental rights in central policies and institutional structure of environmental governance model.These differences provide inspiration for rural environmental governance.By analyzing the laws and regulations related to rural environment in the three stages of 1978-1988,2000-2012 and 2013-2019,this paper points out the specific differences between urban and rural environmental legislation.Then,by sorting out the description of rural environmental protection in the central no.1 document from 2004 to 2012 and from 2013 to 2019,the paper describes the urban-rural divide in environmental governace.It also shows the difference of system structure between urban and rural in environmental governance.Chapter 4.The formation of rural environmental governance system: an investigation from the perspective of urban-rural integration..Mountains,rivers,forests,fields,lakes and grass are a community of life.Cities and villages are divided by human,not ecosystems.The operation of ecosystem does not depend on the will of human beings.The less human activities affect an ecosystem,the more ecological services it provides.In other words,once the energy flow within the ecosystem is affected or even destroyed,the balance,restorability,reproducibility,circularity and diversity of ecosystem are immediately changed.Ecological damage,environmental pollution and other uncertain environmental risks follow.Therefore,the integration of urban and rural environmental governance is not only the objective requirement of environmental risk prevention,but also the internal requirement of equal distribution of environmental rights and interests.Urban-rural integration does not mean that urban and rural areas are governed by the same set of logic,mechanism and system.It means eliminating unbalanced resource inputs and outputs.Rural environmental governance system should be deepened and improved from the following seven aspects: laws and regulations,rural environmental and economic policies,environmental protection standards,planning plans,environmental monitoring systems and environmental emergency plans,supervision and law enforcement,propaganda and education.Chapter 5.System optimization of rural environmental governance: reform of property rights allocation.The rural is a field where resources can be used freely,so "Tragedies of free access" happens all the time.Reasonable definition of property rights and distribution of rights and interests can help to save transaction costs and maximize social benefits.On the other hand,a clear boundary and content of property rights can help controlling the acquisition and utilization of public environmental goods and providing legal protection for ecological and environmental damage.State ownership of natural resources and collective ownership of farmers are the basic property rights in the rural field.Due to the unclear of property right subject,the neglected of natural resources ecological value,and preference for environmental right,the importance of property rights in environmental governance has been weakened.After fully recognizing the usefulness and limitations of property rights system reform for rural environmental governance,efforts should be made the state ownership of natural resources and the collective ownership of farmers more specific and litigation.Chapter 6.A new mode of rural environmental governance: the benefit community self-governance supported by government.Firstly,this paper make a theoretical analyzes about the necessity and feasibility of the self-governance of the interest community supported by the government from four aspects: the definition of the benefit community self-governance,the inheritance and innovation of traditional rural autonomy,the limitation of multiple co-governance leaded by government,the synergy and complement between the government and the benefit community.Then,this paper make an analysis of various stakeholders and their interest structure in rural environmental governance.Finally,it put forward an effective cooperation path between the government and the community of interests which is constructed from three directions: limited government and "separate establishment of parliamentary and executive branches","respect for self-governance rules" and institutional guarantee of the benefit self-governance.
Keywords/Search Tags:rural environmental governance, dual differences between urban and rural, urban and rural integration, property rights system, the benefit self-governance
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