Study On Legal Countermeasure Of Township And Village Enterprise's Environmental Pollution

Township and village enterprise(TVE) is a special type of enterprise in our nation which is a product yielded during the transition period from the planned economy to market economy.In the past 30 years of China's opening up and reform term,TVEs have made great contribution to China's economic growth,however due to the reasons that TVE are all operated in small scale with inefficient management as well as they are exist in large numbers in scattered distribution,which result in serious environmental pollution problems in some regions especially in villages and countrysides.In order to effectively restrain the TVEs' pollution on environment and build the new socialist rural areas with fresh new appearance and at the meantime maintain the TVEs steady developing momentum for the good of the national economy,it is necessary to utilize various measures to protect environment and prevent pollution,in which legal measures have particular influence and significance.By methods of material collection,on-spot investigation,experts' consultation,statistics processing and comparative analysis the thesis shows the present situation of the TVEs environmental pollution and that of the relevant laws and regulations as well as the results of comparing with foreign counterpart,it reveals the existing problems of lacking TVE environment pollution related laws and poor implementation of the regulations.In the first place the level of our legislation in TVEs environmental laws is low,not only the quality is low and law modification is not prompt,but also the whole legal system on the TVEs environmental pollution prevention is still in primary stage.The second place,the enforcement of the TVEs environmental regulations meeting difficulties such as the insufficiency of people's awareness on the importance of preventing environmental pollution,lack of executive power in guiding such regulations,inadequate administration system,short of protection plans and so on.In all,the current laws and regulations concerning TVEs preventing environmental pollution can't meet the need of the increasingly environmental degradation caused by TVEs development.To solve the TVEs pollution problems mentioned above,the thesis states the following measures,which are taking reference to foreign advance experience in our practice, strengthening TVEs concepts on environment protection,establishing achievable targets and enacting effective legal countermeasures in legislation and enforcement of law by dynamics points of view.In system structure,the thesis suggests lay down 11 segments,which are TVEs eco-environmental compensation system,mandatory system of circulation economy,the system of environmental label and so on.And improve the laws and regulations from three aspects which are law abidance,law enforcement and jurisdiction.The thesis gives initial definitions regarding the TVEs environmental liability,designing the aim to the laws and summarizing the mechanism of the laws which prevent and cure the TVEs environmental pollution.And the thesis makes new innovation and extension to our TVEs environmental pollution prevention countermeasures in terms of extended TVEs.producer responsibility and consumer responsibility system,public participant systems,mandatory circular economy.With joining WTO and the progress of mid-west developing,the study on law countermeasure theory and practice mode of TVEs environmental pollution prevention will be beneficial to the improvement of countryside eco-environment,live hood quality of country folks and promoting the healthy sustainable development of TVEs.Case study on TVEs has a special value and particular reference to other provinces,particularly to mid-west provinces on controlling and taking care of environment pollution and natural resources waste.