Research On The Construction Of New Rural Environmental Protection Laws

"Recommendations of the 11th Five-year Development Formulation of National Economy and Society Development" which has been passed at the Fifth Plenary Session of Sixteenth proposed the major historical tasks of building a new socialist countryside. The 2006 Central Rural Work Conference also emphasized: to build a new socialist countryside, we must promote the buildings of rural economics, politics, and culture comprehensively, according to the demands of "the production development, a comfortable life, courtesy in the villages, the clean village, democratic management". Among those demands, "a clean village" refers to the construction of ecological civilization, to plant trees around the villages and make them more beautiful, more clean, more neat and full of fresh air. So rural environmental protection has become an important topic in the process of building new countryside, and the building of rural environmental legal system has naturally become a priority.This thesis elaborates how to build a legal system to strengthen the rural environmental protection with five chapters of contents:The introduction in Chapter I mainly outlined the background and the significance of the topic researched.Chapter II gives an overview of the current status of China's rural environmental problems, the causes of the problems and the influence to Socialism new rural construction. At present, the situation of China's rural ecological environment is still serious, and the trend of ecological deterioration has not been reversed yet. The scope of ecological deterioration is expanding gradually, and ecological functions keeping dropping; environmental pollution continues to increase and has gone from certain points to larger areas; The author holds that various reasons causes the result, but the most fundamental reason is the extensive economic growth mode, and the most direct reason is that the problem of building the legal system of China's rural environmental protection has become increasingly prominent, such as the guiding ideology of rural environmental legislation is backward, the legal system of rural environmental protection is imperfect, the farmers' legal awareness of environmental protection is weak, the law enforcement of environmental protection is inadequate, and so on.Chapter III elaborates the questions which existence in countryside environmental legal system from five sights of legislation, law enforcement, judicature, law obeying and legal surveillance. After entering the 21st century, the lag of China's rural environmental protection laws has become increasingly apparent. The environmental protection laws based on the planned economy have not been able to meet the needs of the development of the market economy and are not able to adjust to the progress of new rural construction. Meanwhile, the unsuitable environmental management system and the weak consciousness of environmental protection highlight the dilemma of our current country environmental legal system.Chapter IV mainly introduces the conditions of countryside environmental protection legal systems in England and Holland which are two models in European countries. This thesis proposes to strengthen the rural environmental legal system in our country from sights of environmental legislation, public participations and the environmental protection associations' construction.Chapter V elaborated the conception of new countryside environmental legal systems in our country. First of all, the guiding ideology of legislation must move with the times, set up the sustainable development thought on the countryside environmental protection legislation, set up the idea that environment government by law, impel the citizen environmental rights into the Constitution. At the same time, it must establish a completed and independent countryside environmental protection legal frame in order to strengthen the countryside environmental protection practically and effectively. Next, it must have breakthroughs in each links of law enforcement and judicature, clear the law enforcement basis, consummate the law enforcement mechanism, strengthen the law enforcement troop, expand the scope of lawsuit, perfect judicial interpretation , and so on. Once more, in aspects of obeying law and legal surveillance, we must enhance farmers' awareness of environmental protection laws, speed up the rural economy construction steps and unify the environmental protection with new rural economy construction. And we must strengthen the surveillance function about countryside environmental law enforcement by higher authority administrative departments and public opinions.