Legal Regulation Of Straw Burning

In recent years, there has been in most parts of northern China continued,"haze"weather to people’s travel brought great inconvenience caused by one of the main reasonsfor this phenomenon is that in recent years a large number of crop stalks are burned,resulting in a serious straw burning issue.A lot of straw burning, not only pollute theenvironment and endanger human health, but also the impact on traffic safety, or evencause a fire threat to life and property safety of the people.Thus, the annual summerharvest, autumn season, Ministry of Environmental Protection and local governments at alllevels will be introduced special legal documents on the Prohibition of straw burningwork on straw burning behavior regulation, but straw burning phenomenon has not beeneffectively controlled, but increasingly serious.To regulate the conduct of straw burning is essentially related to the value of thesolution to the problem of conflict of laws, namely the farmers for their crops have burnedstraw values and individual freedom to enjoy the freedom of other people living in theconflict of good living environment; and conflict farmers to burn their crop value andenvironmental values of individual freedom and justice between government Prohibiting ofstraw burning work. The method of solving conflict of values is defined to excludeprimarily follow the principle of balancing priorities and proportionality principles.The growing phenomenon of straw burning main reasons and practical reasons thesystem for two reasons. The main reason for this is the reality of the needs of farmers’ plantcrops,"crop; rural labor tensions, and straw collection, transportation, recycling and highcost, time-consuming; existing lack of straw utilization technologies, and a shortage offunds; farmers burning straw harm of lack of knowledge, lack of environmental awareness.The main reason is the institutional level Prohibition of straw burning relevant laws andregulations are not perfect, unscientific; Prohibition of straw burning relevant provisions ofthe lack of clear implementation rules, in practice the lack of operational; Prohibition ofstraw burning hard evidence of environmental law enforcement, law enforcement difficult;legal penalties for straw burning behavior of the main requirements is unknown, and other legal and regulatory vacuum.So to solve the problem of straw burning, must seek ways to straw burning behaviorof the integrated management of legal regulation on the one hand to establish a soundsystem of crop straw utilization, improve the comprehensive utilization of strawassessment and monitoring mechanisms; establish a rational system of crop stalk subsidies;investments in technology; strengthen farmers’ environmental awareness. On the otherhand to establish a sound legal system on prohibition of straw burning, improve relevantlaws and regulations and implementing rules of prohibition of straw burning; strengthenenvironmental law enforcement efforts; straw burning and improve governance bodyauthorized penalty provisions. Only through a variety of integrated managementapproaches to effectively solve the problem of straw burning, for people with a good livingenvironment comfortable living.