The Legal Control Study Of Rural Environmental Mass Incidents

Currently, china's New Countryside Construction is developing like a raging fire, building a new socialist countryside is a major historic task in china's modernization process. However, with the development of the rural economy and the promotion of new rural construction, rural environmental pollution and ecological destruction have become more and more serious, which has become one of the most important limited factors to sustainable development of rural social economy. According to statistics, the mass incidents caused by environmental problems are increasing by the rate of29%annually; our society has entered into a multiple period of environmental mass incidents. The most typical environmental rural mass incidents caused by environmental problems are that two incidents happened in Zhejiang Province in2005: the one is that local farmers protested against collectively the extreme serious environmental pollution caused by local chemical companies which had happened in Huashui Town of Dongyang City of Zhejiang province; the other event is that thousands of local farmers protested against Jingxin Pharmaceutical for polluting the local environment which had happened in Xinchang county in Zhejiang Province. There are many factors that could lead to the frequent occurrence of rural environmental mass incidents, this article will explore mainly from the legislative, judicial, law enforcement and legal consciousness. In the legislative aspect, although there are many regulations about dealing with the mass incident in china, these regulations could not guarantee of farmers'health right, living right and other basic rights on one hand; and on other hand, these regulations are not applicable when those rural environmental mass incidents occurred; In judicial aspects, under the situation of these Judicial way of Judicial resource supply deficiency, poor efficiency, judicial justice and judicial identification procedures is not free, countryside is inevitable that the outbreak of the environmental mass incidents; there exist also many problems on law enforcement, for example:the law enforcement construction system of the environmental protection departments is not perfect, the government didn't do well when they dealed with the problems of rural environment, Law enforcement supervision and institution-building is not sound, Petition system is not perfect; in farmers' legal consciousness aspect, with the popularization of knowledge of our laws, farmers'knowledge of the law is increasing, but the awareness of rights of farmers to use legal knowledge is still very weak. In order to solve these problems, we should improve the country's legal regulations, no matter from the aspects of laws of the legislative, judicial, law enforcement, or faemers' awareness, through the perfection of law to achieve the real laws to control the outbreak of the rural environmental mass incidents. These specific measures as follows:In the rural environment legislation aspects, it should enact a Rural Environmental Protection Act, which will be Designed to protect the rural environment, modify the existing rural environmental protection laws and regulations, make the coordinated development, while enhancing environmental liability legislation; In judicial aspects, we should improve the environment court and the environment prosecution system in the administration of justice, and also to prevent corruption in the judiciary and ensure judicial impartiality; in the law enforcement aspect, based on improving qualities of law enforcement team, improve the law enforcement building of the environmental protection and strengthen the petition lower levels up, and finally we need to improve also farmers'awareness of rights further. We believe that through these perfect legislations, perfect judicial channels and high-quality law enforcement team, the rural environmental mass incidents will reduced greatly, the circumstance of a new socialist countryside construction will be better and better and finally we need to achieve the harmonious development of the whole society.