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Research On The Legal Questions Of Rural Environmental Regulation And Monitoring Of China

Posted on:2011-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y C YangFull Text:PDF
GTID:2166360308458257Subject:Environment and Resources Protection Law
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Environment is the basic material basis of human's existence and development. Environmental safety related to people's survival, development and people's livelihood. Country's environment is the base of farmers living and production, the source of the national people's lives and the existence of fundamental economic. Rural environment's good or bad directly related to the stability of the whole or not. In recent years, with the development of China's rural economy, rural modernization, the process of growing urbanization, intensified the rural environment, and rural environmental regulation in this area has become the hot spot in China academic research, some experts and scholars of the research results formed the rural environment, regulatory law theory with Chinese characteristics. As the rural environmental issues become increasingly prominent, it has become an important obstruction of the cause of social harmony and stability and coordinated development of urban and rural areas, thereby affecting the process of building a well-off society. It is imperative to format a sound legal regulatory system in rural areas environment.There are many shortcomings of China's existing rural environment Legal System, for example the lack of uniformity and coordination, supervision of the rural environment, law enforcement and regulatory powers and responsibilities of the existence of unknown long and so many problems, has clearly not suited to the rural economy, environment development needs. There is a wide gap between our country's legal research supervision in a rural environment and the developed countries and some developing countries. Therefore, the study and development of legal systems of rural environmental monitoring with Chinese characteristics has important theoretical and practical significance for the protection and healthy development of China's rural economy, maintaining social stability and promotes the right of farmers to achieve the environment.Based on the analysis of legal system of the rural environmental monitoring, system's status and problems, the experience in countries of Europe and America, Japan, Korea, Thailand and other developing countries and other developed countries'environmental monitoring system construction in rural areas, and situation in China, from the regulatory legislative scheme to regulate the enforcement system, monitoring and other aspects of the judicial system, by improving the legal system of our rural environmental monitoring guidelines and framework for building a prevention-oriented, combining prevention with control of rural environment monitoring system provides a theoretical basis for the legal and policy recommendations .The main part of this paper consists of three parts:The first part, on the rural environment and rural environment elaborates the basic concepts of supervision. Rural environmental problems and their related concepts are described and discrimination, on the rural environment, scientific definition of the concept of regulation, that is to coordinate the relationship between man and nature in rural areas, rural people and nature live in harmony, to ensure the rational development of natural resources in rural areas use, prevent pollution and ecological destruction of the environment in rural areas, protection of rural social, economic and environmentally sustainable development and adopted a series of management measures and actions to monitor the general term.The second part of the Legal System of China's rural environmental problems in the analysis, pointing out there are: In terms of legislation, monitoring legislative gaps in the rural environment, rural environment not suited to rural conditions regulatory legislation; in law enforcement, environmental regulation and law enforcement in rural areas the main lack of independence, the rural grass-roots environmental organizations are too weak, environmental regulation and law enforcement work "just" lack of strictly enforcing the laws are quite prominent, more serious problems of local protectionism; in the administration of justice, the judicial power of the rural environment, regulatory imbalance judicial power of the rural poor, lack of public interest litigation system, main narrow right to appeal the rural environment, farmers lack of environmental violations and other judicial remedies.The third part of the rural environment through the regulatory system problems of analysis, improve the rural environmental monitoring guidelines, including sustainable development thinking and the scientific concept of development. Then by analyzing the Europe, America, Japan, Korea and Thailand and other countries in the rural environment, the legal system of supervision in the advanced experience, combined with China's national conditions and the specific circumstances of the rural environment, by improving the legal system of the rural environmental monitoring specific proposals, including legislation only focus on aspects of change in rural areas of urban environmental protection and despise the concept of environmental protection, environmental regulatory legislation, the establishment of suitable conditions and with international trends in China's rural environmental regulatory legal system; in law enforcement, the establishment of close and effective supervision of enforcement of the main rural environment, improve the rural public participation in environmental regulatory system, and strengthen supervision, especially in rural grassroots party organizations, the intensity of supervision; in the administration of justice to establish a sound rural environmental justice procedures and judicial organizations, building public interest litigation system, and the rural environment. Combined with environmental education, the environment and other aspects of sound financial systems, to promote the rural environmental problems have been alleviated, the rural economy, society and the environment are the three coordinated and sustainable development.
Keywords/Search Tags:Countryside, Environmental monitoring, Legal System, Sustainable Development
PDF Full Text Request
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