Research On The Environmental Regulation Structure In Village Rules And Regulation

The proper meaning of "regulation" and "structure" is to include the static structure composed of normative elements and the dynamic structure restricted using norms by the subject of regulation.The environmental regulation in the village regulations has different combination structures from different perspectives.Through case analysis,the dilemma of environmental regulation in village regulations is characterized by the collision between environmental regulation and formal law,undifferentiated interests in environmental regulation in village regulations,and biased means of environmental regulation in village regulations.There are three aspects of thinking behind these three issues: first,what is the environmental regulation relationship between the government and village collective organizations;Where is the regulatory boundary between formal law and village regulations,and how to reconcile the conflict.Second,the interests of environmental regulation in village regulations need to be clear;Environmental interests need to be coordinated with other interests.Third,the elements of environmental regulation in village regulations and civil agreements;How to allocate different types of regulatory means.Each aspect contains two or more constituent forces,that is,"environmental regulation in village regulations" has different structures from different perspectives.Therefore,the root cause of the imbalance of environmental regulation in village regulations is "the imbalance of regulation structure".Focusing on this root problem,the article analyzes the three layers of path from the macro level,the medium level,the micro level,combined with power and rights,around the dual subject regulatory power structure,regulatory interest structure,and regulatory normative structure.The research focus of the article is to build three specific environmental regulation structures in the village regulations from the perspective of law: the structure of "government village collective" dual environmental regulation subjects at the macro level,the benefit structure of environmental regulation between villagers and villagers,between villagers and village collective at the middle level,and the structure of environmental regulation norms in the village regulations at the micro level,which are respectively reviewed in combination with the legal theory and practice.Finally,further suggestions are put forward.The first chapter of this paper borrows the theory of institutional economics to help straighten out the logic of the emergence and evolution of environmental regulation in village regulations.This change in the content of environmental regulations in village regulations can be explained as path dependence: village regulations become a natural existence,and are strengthened in behavioral exchanges.When new problems arise,that is,the environment and resources are damaged and the survival and development rights of the village collective are affected,the ecological village regulations naturally become the first choice.Internally,the ecologicalization of village regulations comes from traditional governance experience,local ecological knowledge,and is also induced by environmental benefits.Externally,the promotion of ecological civilization from top to bottom has also accelerated the ecologicalization of village regulations.To sum up,rural environmental problems stimulate the demand for environmental regulation.Based on the shared mental model,villagers rely on the logical formula of village regulations to govern the village,so they add environmental protection content to the village regulations.As the main way of rural environmental governance,the environmental regulation in the village regulations can not be separated from the development of autonomous rationality and private environmental regulation.First of all,the autonomous rationality reflected by the village regulations is the product of the dual division of state and society and modern governance.The government is a symbiotic role with the social environment.The relationship between the government and the society is not only a zero-sum game relationship,but also a positive-sum game relationship that complements each other.Any model that favors the power of the government or excessively emphasizes social rationality is undesirable.What the national dual society solves is the division of regulatory discretion.The modern governance model requires the transformation from the traditional single-center governance model to the multi-center governance model.Compared with the "other governance" of the government,grass-roots organizations have more effectiveness in the design of autonomous regulation due to their mastery of local knowledge and the similarity of preconceived concepts.Therefore,it is particularly important to give full play to the environmental governance effect of village regulations to cultivate and establish rural autonomy.Secondly,the environmental regulation in the village regulations cannot be separated from the development of private environmental regulation.It can be seen from the history of environmental governance that the subject of traditional private environmental governance is still the management object under the environmental administrative management mechanism,even if it changes from the "helper" of the subject of environmental legal relations to the subject of environmental legal relations(such as the environmental public interest litigation system).In other words,this evolution is the modification of administrative management means.However,as the scale of private environmental governance continues to grow,the environmental governance system is gradually taking on a true sense of "multi-center" governance.The environmental regulation in the form of village regulations is more similar to Ostrom’s theory of autonomous governance from the perspective of consensual multilateral forms.The key points of the operation mechanism of private environmental regulation lie in the size of the authority of the regulation subject,the internal and external cooperation during the implementation,and the implementation of incentive and punishment norms.Private environmental regulation has both its obvious advantages(information and efficiency advantages,organizational advantages,and normative flexibility advantages)and its accompanying limitations.This paper regards "environmental regulation in village regulations" as a cross concept,which is the intersection and overlapping part of "village regulations" and "environmental regulation".Village regulations belong to the nature of folk law.The environmental regulations existing in village regulations include not only written environmental norms,but also oral clan rules,environmental habits,taboos,etc.The environmental regulations in the village regulations have different composition structures based on different perspectives.The integration of multi-dimensional perspectives is conducive to clarifying the composition of the regulatory structure.Studying the environmental regulation structure in village regulations is not only to analyze its internal composition,but also to solve the structural dilemma.The case in the second chapter shows that there are obstacles in the environmental regulation in the village regulations,such as the competition between the formal law and the village regulations,the village regulations ignoring the multiple attributes of resources,and the biased means of villagers’ environmental self-regulation.The root of the problem lies in the imbalance of the regulatory structure,that is,there are conflicts between the components of the "structure" from different perspectives.It can be summarized as follows: the conflict of the three components of the environmental subject’s regulatory power structure,the environmental regulation interest structure in the village regulations,and the environmental regulation normative model structure in the village regulations.The study of environmental regulation in village regulations needs to be based on the macro background of "national government power-civil society power".The purpose is to see how to realize the pattern of competition and cooperation of "government public power governance-private environmental governance".Therefore,it is analyzed from three levels of regulation structure: the first level is how to achieve the balance between the folk law and the formal law represented by the village regulations,that is,how to balance the regulation structure between the village collective power and the state power(the power of different environmental regulation subjects);The second level is how to coordinate the environmental regulation interests and other interests in the village regulations,that is,environmental rights and other rights(different regulatory rights);The third level is to review the normative model of environmental regulation in village regulations and civil agreements,explore the combination structure of different norms from the level of specific provisions,and analyze how the normative model can be matched to achieve the effect of environmental protection and governance.The third chapter discusses the "power-power" regulatory structure between the "state village collective" from the macro level.As village regulations have both positive and negative effects in rural environmental governance,in order to reduce negative disadvantages,it is decided that the top design of the rule of law in China should integrate,guide and restrict the environmental regulations in village regulations under the guidance of national laws.The history of the change of the subject of contemporary rural governance is the struggle between village governance and national governance.Clarifying the nature of autonomy as social public power provides the basis for proving that the environmental regulation in the village regulations belongs to the theoretical model of "meta regulation",and then comes to the main structure of "government-village collective" dual environmental regulation power.On this basis,it is better to clarify the position of the village collective as the priority of the subject of environmental regulation and the role of the national government as an indirect regulator.In the face of the current three evolution states of village regulations,which are subject to state intervention,survival in name,integration with the law,and spontaneous change,based on the homogeneity and cooperation opportunities between village regulations and formal law,the article puts forward adjustment suggestions on the expansion and restriction of village regulations’ environmental governance,the selective entry of environmental law into the countryside,and respect for the ecological habits of ethnic minorities.The fourth chapter discusses the structure of villagers’ "rights-rights" in the village regulations from the middle level.Rural environmental interests include resource environmental interests,ecological environmental interests,and environmental spiritual interests.In the era of interest differentiation,there are environmental protection dilemmas such as the contradiction between the integrity and differentiation of rural environmental interests,the imbalance between ecological environmental interests and resource environmental interests,and the conflict between rural environmental interests and economic interests.Its essence is conflict of interest.Therefore,to adjust the symbiosis of environmental interests and other interests,we can start with the construction of ecological interests under the overlap of interests,the balanced allocation of rural ecological interests and resource interests,the clarification of the specific application field of "environmental protection priority" in the conflict of interests,and the coordination of the symbiosis of environmental interests and economic interests,so that environmental interests are guaranteed by rights.The fifth chapter examines the normative mode of environmental regulation in village regulations from the micro level.The combination of different specifications and different specifications is the structure at the level of specific provisions.Environmental regulation is divided into explicit environmental regulation and implicit environmental regulation.In explicit environmental regulation,the complete regulatory structure of environmental regulation includes regulators,regulatory objects,orders and consequences.This paper selects four typical village regulations for normative structure analysis,and combines other contemporary village regulations with "consequences" as the element,and finds that the weak accountability of environmental regulations is a prominent problem.In the implicit environmental regulation,the decline of social capital has affected the disciplinary effect of "reputation punishment".Therefore,from the perspective of the structure of environmental regulation norms,when the contemporary village regulations turn to the construction of order characteristics,it will become a trend to supplement the "consequence" elements and change the regulatory operation mechanism.At the same time,it is also necessary to pay attention to the two modes of collaborative explicit environmental regulation and implicit environmental regulation.Finally,the triple structure approach is connected to draw a picture of the linkage of environmental regulation structures in village regulations,explaining the value of private environmental regulation implementation in environmental governance,and reaffirming the significance of environmental regulation in the form of village regulations,as well as its differences from other regulations.