Study Of Rural Industrial Pollution Legal Issues

At present, our country is in the economic transformation and the development of social transformation period. the rapid development of economy and society, and also with the environmental problem aggravated.to construct resource-saving and environment-friendly society , we need energy saving and emission reduction, environment protection. the adjustment ,optimization and upgrade of economic structure, will eliminate some backward technology, high pollution and high energy consumption, high resources industries. so these enterprises shift to " low threshold " countryside. rural industrial enterprises were born in this background.The arrival of polluting enterprise, make the rural environment suffer more difficulties, and shoulder the "four big mountains", such as rural life pollution, agricultural pollution, city life pollution and industrial pollution .It is not fair to rural areas. Rural environment has been badly polluted and destructed, and the water, soil, air resources, forest resources and environmental resources of rural areas have been destroyed. rural environment pollution and resources destruction, directly do harm to environment and natural resources which the peasant survival of, and threat the peasants' environmental property rights and interests, and the farmers' health and life safety.The rural environment problem is a big issue. This paper tries to choose one of the aspects of rural industrial pollution: rural industrial pollution to explain and understand rural environmental problems, combining legal means to adjust and control the effective of rural industrial pollution. The article analyses the legal regulation current situation of the rural industrial pollution problems. then, investigate the cause of the rural environmental problems. in order to do some beneficial discussions for solving rural environmental problems and legal protection measures for the farmers' environmental rights. The article is divided into the following several parts:The first part of the article introduces the research significance, background, the method, the structure arrangement and innovation, literature review.The second part of this article introduces the rural industrial pollution legal problems and its causes. rural facing industrial wastewater and waste gas, waste pollution. rural industrial pollution violate on human health, property, rural social stability. first, introduces the present situation of rural environment, find the problems from the current rural environment situation. including personal safety, the farmer farmers property security, rural social stability, etc. including rural environment and environmental rights legislation vacancy farmers, environmental law enforcement of failure, the plight of the judicial relief, law-abiding obstacles. reasons: dual protection theory, environmental pollution needs, environmental pollution transfer theory, environmental deprive theory, and the author advocates many reasons combin theory. The third part of the article introduces the basic concept of rural industrial pollution prevention. the article always goes through the value of which is always running through law pursues: justice, security, freedom and democracy, to put safety concept, environmental justice, democracy and scientific development concept as certain demand which the rural industrial pollution to follow. rural industrial enterprises and its characteristics, rural industrial pollution, and the protection of the farmers' environmental rights.The fourth part of the article discusses preliminarily perfecting of rural industrial pollution control under the security, justice, democracy, and the scientific development concept. in the propose of legislation aspects: improving rural environmental legislation , change legislavive guidance,put environmental rights to the chinese constitution.perfect legal system of environment pollution damages, perfect rural industrial pollutants concentration, harmless treatment system, industrial pollutants transfer ban limit system, to construct the enterprise environment responsibility as a main, government environmental added responsibility. and a fair environmental responsibility system. in the governal aspects: perfect rural environmental protection monitoring system, scientific and reasonable system of rural industrial planning, implement industrial pollution and cleaner production system, perfect the system of rural environment, environmental review system of complaint, implement green investment system. in the judicial relief aspects: perfect rural legal aid system, perfect environmental litigation system, ensure the effective implementation of rural environmental rights cases,日aise the consciousness of environmental protection.etc. finally, put forward the construction of rural environmental supervisors system.The fifth part is the conclusion language outlook. rural industrial pollution is a part of the rural environmental problems, rural industry is relative to the urban industry, the characteristics of rural industrial pollution determines the ability of rural industry. rural industrial pollution involves polluting enterprises, local governments, rural residents, the countryside ecological environment as the main interest gaming, it is a complex problem, besides the legal countermeasures, still need to social, economic and market of controls. but undeniable, government in industrial pollution problem solving is in a key position, therefore, that the government's environmental responsibility in rural environmental protection is important, but also can never Bi Gong in the game.Rural environmental legislation, enforcement, the judicial relief and environmental consciousness, the environmental supervision are still exist many loopholes, they were needed to gradually perfect. the opinions and ideas here are immature, there are many problems need to be studied further demonstrated, elaboration, such as the treatment of rural environmental supervisors and legal rights and obligations and legal responsibility, right remedy. also, the integration of urban and rural areas with the speeding up of rural industrial pollution and urban industrial pollution could eventually will together with unified method to control? Rural environment and urban environment problems can mixed yet? And we will continue to explore the topic.