Study On The Government's Responsibility In Rural Environmental Legal Protection

At present, China's environmental problems in rural areas is severe, so to strengthen environmental protection in rural areas is imminent. In China, there are a lot of laws and regulations about the rural eco-environmental protection and rational utilization of resources, but it is very scattered, and operational laws directly to the rural environment are not many, and there has been no relevant legislation in some important areas, such as soil pollution prevention and control, non-point source pollution, pollution-free product management, etc. At present, some scholars have recognized the important role of government in the ecological environmental protection and they have conducted in-depth, insightful researches.However, few people is interested in the government's legal responsibility of examining in the rural environmental protection. To perfect the legal system of the rural environmental protection and rational utilization is the long-term mechanism to improve the environmental conditions in rural areas. In my opinion, to improve the rural environmental protection in the legal system construction, we should particularly highlight the government's legal responsibility.This text is divided into four parts:The first part, based on the analysis of the legal mechanisms for environmental protection in rural areas, it notes that industrial and agricultural economic organizations and the limitations of rural residents to protect the environment, and thus has established the government's dominant position in rural environmental protection.The second part, a specific analysis on the legal responsibilities in rural environmental protection areas of the government should have, such as the environmental decision-making, environmental management, environmental monitoring, environmental coordination, and environmental functions of public services, and so on.The third part reveals the deficiencies and defects of the government's environmental philosophy, system building and institutional responsibility for implementation, such as the lack of sustainable development, environmental democracy, environmental law and environmental justice concepts, the insufficient supply of system,such as the non-perfect environmental laws and regulations , the lack of farmers environmental rights and the lack of public service systems;implementation mechanism has dislocated, such as supervision, management is not sound, the implementation is not in place.Part IV, based on the above analysis of government's inadequate and defects in environmental liability ,I have given some advices,such as making perfect the functions of the gvernment's environmental laws ,improving the government environmental enforcement mechanisms and strengthening the law enforcement supervision and inspection.Clearly to establish government's legal liabilities in rural environment, protection, is the important measure to solve environmental problems of China's rural areas, is the questions of meaning to build a new countryside and environment-friendly, resource-saving society.