Research On Legal Problems Of Waste Disposal In Rural Areas

Since ancient times, making rubbish has always been a clear symbol of human existence. There has been solid waste produce as soon as the beginning of human activity. At that time solid waste is mainly feces and remains of animals and plants, etc. Garbage is the inevitable product of human activity. People produce rubbish when they are enjoying the basic necessities of life. But in modern society, population, resources and environment are the three problems faced by mankind. Resource scarcity and environmental pollution,especially serious environment pollution and ecology deterioration caused by waste gas, waste water, solid waste namely "three wastes" which are generated by the human life and production activity,have drawn universal attention from people. For waste gases and water, people have realized their harmfulness, and have put great emphasis on the control and management of the pollution caused by them. Relatively speaking, people's realization of the harmfulness of solid waste is later, so is the research and implementation of control and management of its pollution on environment. In China, the rural area accounts for 90% of the total land area, and the farmers accounts for 70% of the total population of the country. In the past 30 years, China has maintained a high growth in economy; her comprehensive national strength has continually enhanced, and the living standard of urban and rural residents has improved constantly. With the speedy development of economy, the amount of the rubbish produced in our country has far more than the amount that we are capable of disposing, so garbage disposal problems have become problems and challenges faced by government of all levels. At present, all walks of society have realized the harm of rubbish pollution, many cities have gradually carried out the classified collection and safety disposal of garbage. But in the vast rural areas, there exist problems such as the displace of garbage from cities to countries, the emission of untreated rural garbage, the burn of scraps of agriculture production, and the illegal emissions of the garbage produced by township enterprises and country intensive production. What's worse, the unreasonable disposal of these four problems has led to great pollution to the rural ecological environment.However rural garbage disposal problems and ecological environment pollution still did not cause the attention it deserves. Firstly in rural disposal of garbage, current effective legislation concerning environmental protection laws and regulations are mostly not brought into legislative perspective, leading to the rural garbage disposal legal system not perfect, some areas also in blank legal. The lack of rural garbage disposal legislation and the unreasonable grassroots environmental management institutions'set-up cause rural garbage disposal subject impossible to define, influence and accountability impossible to enforce the law effect. On the other hand, the lowest level of farmers at the society and the worse economic situation, no effective environmental right to protect farmers, farmers' weak environmental law consciousness, participation in rural garbage disposal are less aggressive, impossible for rural garbage disposal of the administrative department of law enforcement to form effective supervision. To solve the rural garbage disposal problems, there must establish environmental justice legislative guidance, further improve the environmental protection law of the PRC, the prevention and control of environmental pollution by solid waste, and also add provisions to deal with problems of rural junk . When conditions of the rural environmental protection law enacted or the regulations on protection of the rural environment are based on this, it will absorb farmers' participation in local environmental law policy formulation, paying attention to the equality of civil environment right, perfect rural disposal of garbage drafted in accordance with local laws and regulations, all the rural waste disposal actual environmental standards. Set the rural garbage disposal departments in accordance with the local conditions, strengthen rural waste treatment law enforcement team construction, and define the subject of rural waste disposal explicit power, duties and rights and obligations. To solve the problem of rural garbage disposal is inseparable from the urban residents'help in environments, it is appropriate to ask citizens for certain environmental tax and ecological tax to compensate for the lack of funds for rural areas to dispose the garbage. It can provide support for the expense of the basic equipment of disposing garbage and the technology. Meanwhile, this action is an economy supplement for the peasants who are the main part in rural garbage., which can motivate their enthusiasm be helpful to participate the rural garbage disposal. And also, on the condition of protecting peasants' environment right, peasants should be educated in environment protection to improve their legal consciousness .Finally, from the angle of the legal supervision, rural garbage disposal in legislative supervision, administrative supervision, judicial supervision and society supervision should be strengthen to supervise whether the peasants have performed the legal duties and obligations.This abstract can be divided into three parts.The first part firstly analyses the current situation of rural garbage disposal in China, then it points out the problems of rural garbage disposal, and then finds out the reasons of the problems of rural garbage disposal , finally , it said that rural garbage disposal cannot do harm to the countryside ecological environment. Because the countryside garbage disposal have problems, it is necessary to use the law to analyze this problem, lay a foundation for solving it.The second part analyzes the legal problems in disposing the rural garbage. It mainly includes the problem of rural garbage disposal in environmental legislation, the difference of the enforcement problem in rural garbage disposal, the law-abiding problem in rural garbage disposal, and the problems of supervision in rural garbage disposal. Through the analysis of these four parts, it is concluded that there are have the necessity to improve the problem of the rural garbage disposal with environmental laws.The third part according to the analysis of the part of rural garbage disposal of existing laws problem, puts forward some legal solutions to the its of rural garbage disposal in China. It includes four aspects, which are the legislation and enforcement assumption of solving the problem of rural garbage disposal, the changing of the currency condition of law-abiding in the rural garbage disposal for peasants and the reinforcement of the legal supervision in rural garbage disposal.